Jeba Jose v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.5240 and 5242 of 2024 Jeba Jose ... Petitioner Vs.

1.The Executive Officer, Thiruvattar Town Panchayat, Thiruvattar, Kanyakumari District.

2.The Director of Town Panchayat, Chennai.

3.The District Collector, Kanyakumari, Kanyakumari District.

4.Vijayalakshmi 5.Bennila ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned Tender Notification in Na.Ka.No.A1/210/2023 dated 22.01.2024 on the file of the 1st respondent and quash the same and further directing the respondents 2 and 3 to take initiate disciplinary proceedings against the respondents 4 and 5 for their malafide action. 1/4

For Petitioner : Mr.S.Selva Adittya, For Mr.G.Prabhu Rajadurai For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 to R3.

Mr.T.Arul for R5.

ORDER

Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1 to 3 and the learned counsel for the fifth respondent.

2.I do not want to go into contentious aspects. Let the bygones be bygones.

3.The only question that calls for consideration is regarding the registration of the petitioner as a contractor with the first respondent. Some procedural issues were raised.

4.To overcome the same, this Court wanted some official from the panchayat to be present. Shri.Arul Arasan, Office Assistant in Thiruvattar 2/4

Town Panchayat is present in person. The entire application together with the original demand draft has been handed over to the said official. On the last occasion, the learned Additional Government Pleader submitted that the only impediment appears to be the non-furnishing of the current solvency certificate. Today ie., 12.03.2024, a current solvency certificate has also been produced before me. Authenticated copy has been given to the said official. In my view, there is no further impediment. The first respondent is directed to register the petitioner as a registered contractor to carryout panchayat works within Thiruvattur Town Panchayat limits. The petitioner shall appear before the first respondent on 18.03.2024 at 03.00 pm. The registration certificate indicating that the petitioner is a registered contractor with the first respondent shall be issued to him.

5.This writ petition is allowed to this extent. No costs. Consequently, connected miscellaneous petitions are closed. 12.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias issue order copy on 14.03.2024.

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G.R.SWAMINATHAN, J.

ias To:- 1.The Executive Officer, Thiruvattar Town Panchayat, Thiruvattar, Kanyakumari District.

2.The Director of Town Panchayat, Chennai.

3.The District Collector, Kanyakumari, Kanyakumari District.

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