Madras High CourtWMP(MD)/3175/2019ordered

The Secretary, v. Sudhakar,

2019-03-25Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty Fifth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD) No.3175 of 2019 IN WMP(MD).No.19499 of 2018 IN WP(MD) No.21598 of 2018 WMP(MD) No.3175 of 2019 IN WP(MD) No.21598 of 2018: 1 THE SECRETARY, TRANSPORT DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.

2 THE COMMISSIONER OF TRANSPORT, EZHILAGAM, CHEPAUK, CHENNAI-600 005.

CHENNAI-600 113. ... PETITIONERS/RESPONDENTS 1 TO 3/ RESPONDENTS 1 TO 3 Vs SUDHAKAR ... RESPONDENT/PETITIONER/PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the Interim Stay granted in W.M.P.(MD).No.19499 of 2018 in W.P.(MD).No.21598 of 2018 dated 16.10.2018 and thus render justice. WMP(MD).No.19499 of 2018 IN WP(MD) No.21598 of 2018: J.SUDHAKAR ... PETITIONER/PETITIONER - Vs. - 1 THE SECRETARY, TRANSPORT DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.

2 THE COMMISSIONER OF TRANSPORT, EZHILAGAM, CHEPAUK, CHENNAI - 600 005.

CHENNAI - 600 113.

... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant Interim Stay of the operation of the tender refer: 32/LAMBAPP/CP/IRT/2018 dated 28.09.2018, passed by the 3rd respondent pending disposal of the Writ Petition.

Prayer in WP(MD). 21598/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records relating to tender refer: 32/LAMBAPP/CP/IRT/2018 dated 28.09.2018, passed by the 3rd respondent and quash the same as being illegal, arbitrary, unconstitutional and consequently direct respondents No.1 to 3 to conduct the tender process as per Rule 33 of Tamil Nadu Tender (Public Private Partnership Procurement) Rules 2012 and Rule 125H of the Central Motor Vehicles Rules, 1989.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.V.CHELLAPANDIAN, Additional Advocate General Assisted by MR.M.RAJARAJAN, Special Government Pleader for the petitioners in WMP(MD) No.3175 of 2019 in WP(MD) No.21598 of 2018 and respondents in WMP(MD).No.19499 of 2018 in WP(MD) No.21598 of 2018 and of the Respondent Not appeared either in person or through by an Advocate in WMP(MD) No.3175 of 2019 in WP(MD) No.21598 of 2018 and petitioner Not appeared either in person or through by an Advocate in WMP(MD).No.19499 of 2018 in WP(MD) No.21598 of 2018, the court made the following order:- None appeared for the petitioner.

2.The learned Additional Advocate General appearing for the respondents in the main writ petition submitted that an interim order is being enjoyed by the writ petitioner. Therefore, the interim order already granted stands vacated. sd/- 25/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SECRETARY, TRANSPORT DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.

2 THE COMMISSIONER OF TRANSPORT, EZHILAGAM, CHEPAUK, CHENNAI-600 005.

CHENNAI-600 113.

+1 CC to M/s.P.BALASUBRAMANIAN, Advocate SR-5474 +1 cc to Special Government Pleader, SR.No. 5542

ORDER

IN WMP(MD) No.3175 of 2019 IN WMP(MD).No.19499 of 2018 IN WP(MD) No.21598 of 2018 Date :25/03/2019 JM/VR/SAR 3/27.03.2019/3P/6C