Janakiraman G v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.3925 & 3927 of 2024 G.Janakiraman ... Petitioner Vs.

The Commissioner, Sivakasi City Municipal Corporation, Sivakasi, Virudhunagar District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned tender notification in SFC-URDF-2024-2025 dated 08.02.2024 on the file of the Respondent insofar as Clause 4.1.(C) in A.General of the tender document and to quash the same. For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mrs.Devasena Standing Counsel 1/4

ORDER

Heard both sides.

2.The petitioner is a contractor. He challenges the impugned tender process on the ground that condition stipulated therein would lead to narrowing down of competition.

3.I passed an interim order permitting the tender process to go on but restrained the authority from opening the financial bid. 4.Today, when the matter was taken was taken up for hearing, the learned Standing Counsel clarified that all the tender participants stood disqualified.

5.It appears that the impugned condition ought not to have been incorporated in the first place. Be that as it may, the writ petition has become infructuous. I would however expect the respondents to draft the tender notification in such manner so that competition is not discouraged. 2/4

6.This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 01.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Commissioner, Sivakasi City Municipal Corporation, Sivakasi, Virudhunagar District.

G.R.SWAMINATHAN, J.

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MGA and W.M.P(MD)Nos.3925 & 3927 of 2024 01.03.2024 4/4