← Library
Madras High CourtWP(MD)/5520/2022disposed of

M/S.Esaares Traaders v. The Director Of Town Panchayat

2022-03-29Honourable Mr Justice Abdul Quddhose14 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.4467 of 2022 M/s.Esaares Traaders, Represented by its Proprietor, Mr.S.R.Subramonian ... Petitioner /Vs./ 1.The Director Of Town Panchayat, Directorate Of Town Panchayat, 7th And 8th Floor, Urban Administrative Office Campus, Chennai - 600028. 2.The Assistant Director Of Town Panchayat, Zonal Office, Balaji Nagar, Palanichettipatti, Theni - 625531. 3.The Assistant Director Of Town Panchayat, Zonal Office, Ngo "B" Colony, Jawaharpuram, Eastern Side Of EPF Office, Perumalpuram, Tirunelveli - 627 007. 4.The Assistant Director Of Town Panchayat, Zonal Office, Collectorate, Sivagangai District. 5.The Executive Officer, Andipatti Town Panchayat, Theni District.

6.The Executive Officer, B.Meenakshipuram Town Panchayat, Theni District. 7.The Executive Officer, Boothipuram Town Panchayat, Theni District.

8.The Executive Officer, Devadanapatti Town Panchayat, Theni District. 9.The Executive Officer, Ganguvarpatti Town Panchayat, Theni District. 10.The Executive Officer, Hanumanthampatti Town Panchayat, Theni District. 11.The Executive Officer, Highways Town Panchayat, Theni District.

12.The Executive Officer, Kamayagoundanpatti Town Panchayat, Theni District. 1/14

13.The Executive Officer, Kombai Town Panchayat, Theni District.

14.The Executive Officer, Kuchanur Town Panchayat, Theni District.

15.The Executive Officer, Markayankottai Town Panchayat, Theni District. 16.The Executive Officer, Melachokkanathapuram Town Panchayat, Theni District. 17.The Executive Officer, Odaipatti Town Panchayat, Theni District.

18.The Executive Officer, Palani Chettipatti Town Panchayat, Theni District. 19.The Executive Officer, Pannaipuram Town Panchayat, Theni District.

20.The Executive Officer, Pudupatti Town Panchayat, Theni District.

21.The Executive Officer, Thamaraikulam Town Panchayat, Theni District. 22.The Executive Officer, Thenkarai Town Panchayat, Theni District.

23.The Executive Officer, Thevaram Town Panchayat, Theni District.

24.The Executive Officer, Uthamapalayam Town Panchayat, Theni District. 25.The Executive Officer, Vadugapatti Town Panchayat, Theni District.

26.The Executive Officer, Veerapandi Town Panchayat, Theni District.

27.The Executive Officer, Cheranmahadevi Town Panchayat, Tirunelveli District. 28.The Executive Officer, Eruvadi Town Panchayat, Tirunelveli District. 29.The Executive Officer, Gopalasamudram Town Panchayat, Tirunelveli District. 2/14

30.The Executive Officer, Kallidaikurichi Town Panchayat, Tirunelveli District. 31.The Executive Officer, Manimuthar Town Panchayat, Tirunelveli District. 32.The Executive Officer, Melaseval Town Panchayat, Tirunelveli District. 33.The Executive Officer, Moolaikaraipatti Town Panchayat, Tirunelveli District. 34.The Executive Officer, Mukkudal Town Panchayat, Tirunelveli District. 35.The Executive Officer, Nanguneri Town Panchayat, Tirunelveli District. 36.The Executive Officer, Naranammalpuram Town Panchayat, Tirunelveli District. 37.The Executive Officer, Panagudi Town Panchayat, Tirunelveli District. 38.The Executive Officer, Pathamadai Town Panchayat, Tirunelveli District. 39.The Executive Officer, Sankarnagar Town Panchayat, Tirunelveli District. 40.The Executive Officer, Thirukkurungudi Town Panchayat, Tirunelveli District. 41.

The Executive Officer, Thisayanvilai Town Panchayat, Tirunelveli District. 42.The Executive Officer, Vadakku Valliyur Town Panchayat, Tirunelveli District. 43.The Executive Officer, Veeravanallur Town Panchayat, Tirunelveli District. 44.The Executive Officer, Achanpudur Town Panchayat, Tenkasi District.

45.The Executive Officer, Alangulam Town Panchayat, Tenkasi District.

46.The Executive Officer, Alwarkurichi Town Panchayat, Tenkasi District. 3/14

47.The Executive Officer, Ayikudi Town Panchayat, Tenkasi District 48.The Executive Officer, Courtallam Town Panchayat, Tenkasi District.

49.The Executive Officer, Ilanji Town Panchayat, Tenkasi District.

50.The Executive Officer, Keelapavoor Town Panchayat, Tenkasi District. 51.The Executive Officer, Melagaram Town Panchayat, Tenkasi District.

52.The Executive Officer, Panpoli Town Panchayat, Tenkasi District.

53.The Executive Officer, Pudur(S) Town Panchayat, Tenkasi District.

54.The Executive Officer, Rayagiri Town Panchayat, Tenkasi District.

55.The Executive Officer, Sambavar Vadakarai Town Panchayat, Tenkasi District. 56.The Executive Officer, Sivagiri Town Panchayat, Tenkasi District.

57.The Executive Officer, Sundarapandiapuram Town Panchayat, Tenkasi District. 58.The Executive Officer, Thiruvengadam Town Panchayat, Tenkasi District. 59.The Executive Officer, Vadakarai Keelpidagai Town Panchayat, Tenkasi District. 60.The Executive Officer, Vasudevanallur Town Panchayat, Tenkasi District. 61.The Executive Officer, Alwarthirunagari Town Panchayat, Thoothukudi District. 62.The Executive Officer, Arumuganeri Town Panchayat, Thoothukudi District. 63.The Executive Officer, Authoor Town Panchayat, Thoothukudi District. 4/14

64.The Executive Officer, Eral Town Panchayat, Thoothukudi District.

65.The Executive Officer, Ettayapuram Town Panchayat, Thoothukudi District. 66.The Executive Officer, Kadambur Town Panchayat, Thoothukudi District. 67.The Executive Officer, Kalugumalai Town Panchayat, Thoothukudi District. 68.The Executive Officer, Kanam Town Panchayat, Thoothukudi District.

69.The Executive Officer, Kayathar Town Panchayat, Thoothukudi District. 70.The Executive Officer, Nazareth Town Panchayat, Thoothukudi District. 71.The Executive Officer, Perungulam Town Panchayat, Thoothukudi District. 72.The Executive Officer, Pudur(V) Town Panchayat, Thoothukudi District. 73.The Executive Officer, Sathankulam Town Panchayat, Thoothukudi District. 74.The Executive Officer, Sawyerpuram Town Panchayat, Thoothukudi District. 75.The Executive Officer Srivaikuntam Town Panchayat, Thoothukudi District. 76.The Executive Officer, Thenthiruperai Town Panchayat, Thoothukudi District. 77.The Executive Officer, Udangudi Town Panchayat, Thoothukudi District. 78.The Executive Officer, Vilathikulam Town Panchayat, Thoothukudi District. 79.The Executive Officer, Ilayangudi Town Panchayat, Sivagangai District. 80.The Executive Officer, Kanadukathan Town Panchayat, Sivagangai District. 5/14

81.The Executive Officer, Kandanur Town Panchayat, Sivagangai District. 82.The Executive Officer, Kottaiyur Town Panchayat, Sivagangai District. 83.The Executive Officer, Nattarasankottai Town Panchayat, Sivagangai District. 84.The Executive Officer, Nerkuppai Town Panchayat, Sivagangai District. 85.The Executive Officer, Pallathur Town Panchayat, Sivagangai District. 86.The Executive Officer, Puduvayal Town Panchayat, Sivagangai District. 87.The Executive Officer, Singampuneri Town Panchayat, Sivagangai District. 88.The Executive Officer, Thirupuvanam Town Panchayat, Sivagangai District. 89.The Executive Officer, Tirupathur Town Panchayat, Sivagangai District. 90.The Executive Officer, Abiramam Town Panchayat, Ramanathapuram District. 91.The Executive Officer, Kamuthi Town Panchayat, Ramanathapuram District. 92.

The Executive Officer, Mandapam Town Panchayat, Ramanathapuram District. 93.The Executive Officer, Mudukulathur Town Panchayat, Ramanathapuram District. 94.The Executive Officer, R.S.Mangalam Town Panchayat, Ramanathapuram District. 95.The Executive Officer, Sayalgudi Town Panchayat, Ramanathapuram District. 96.The Executive Officer, Thondi Town Panchayat, Ramanathapuram District.

P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to issue the tender notification and tender schedule for supply of materials to the respondents 5 to 96 or conduct the Tender for supply of materials through E-Tender procedure (online) within a time frame fixed by this Court.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue the tender notification and the tender schedule for supply of materials to the respondents 5 to 96 or conduct the Tender for supply of materials through E-Tender procedure (online), within a time frame to be fixed by this Court. 2.The petitioner is a supplier of materials. According to the petitioner, they have been regularly participating in the tenders called for by the respondents and they have been successful on many occasions. But, according to them, without a proper tender notification and without furnishing a copy of the tender schedule, auctions are conducted by the respondents, which is detrimental to the public interest. In such circumstances, the petitioner has filed this writ petition.

3.Heard Mr.R.J.Karthick, learned Counsel for the writ petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of all the respondents. 4.It is a settled law that the respondents will have to adhere to the the Tamil Nadu Transparency in Tenders Act, 1998 and the rules thereof, while conducting any auction. The petitioner's apprehension is that the respondents, without issuing a proper tender notification and without furnishing a copy of the tender schedule, has been conducting auctions.

5.However, as seen from the affidavit filed in support of this writ petition, there is no specific complaint made against the respondents. In such circumstances, the only order that can be passed by this Court is that in future, the respondents will have to strictly adhere to the Tamil Nadu Transparency in Tenders Act, 1998 and the rules thereof.

6.Accordingly, this Writ Petition is disposed of by directing the respondents to strictly adhere to the provisions of the Tamil Nadu Transparency in Tenders Act, 1998 and the rules thereof, while 7/14

conducting auctions in the near future. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Director Of Town Panchayat, Directorate Of Town Panchayat, 7th And 8th Floor, Urban Administrative Office Campus, Chennai - 600028. 2.The Assistant Director Of Town Panchayat, Zonal Office, Balaji Nagar, Palanichettipatti, Theni - 625531. 3.The Assistant Director Of Town Panchayat, Zonal Office, Ngo "B" Colony, Jawaharpuram, Eastern Side Of Epf Office, Perumalpuram, Tirunelveli - 627 007. 4.The Assistant Director Of Town Panchayat, Zonal Office, Collectorate, Sivagangai District. 5.The Executive Officer, Andipatti Town Panchayat, Theni District.

6.The Executive Officer, B.Meenakshipuram Town Panchayat, Theni District. 7.The Executive Officer, Boothipuram Town Panchayat, Theni District.

8.The Executive Officer, Devadanapatti Town Panchayat, Theni District. 9.The Executive Officer, Ganguvarpatti Town Panchayat, Theni District. 10.The Executive Officer, Hanumanthampatti Town Panchayat, Theni District. 11.The Executive Officer, Highways Town Panchayat, Theni District.

8/14

12.The Executive Officer, Kamayagoundanpatti Town Panchayat, Theni District. 13.The Executive Officer, Kombai Town Panchayat, Theni District.

14.The Executive Officer, Kuchanur Town Panchayat, Theni District.

15.The Executive Officer, Markayankottai Town Panchayat, Theni District. 16.The Executive Officer, Melachokkanathapuram Town Panchayat, Theni District. 17.The Executive Officer, Odaipatti Town Panchayat, Theni District.

18.The Executive Officer, Palani Chettipatti Town Panchayat, Theni District. 19.The Executive Officer, Pannaipuram Town Panchayat, Theni District.

20.The Executive Officer, Pudupatti Town Panchayat, Theni District.

21.The Executive Officer, Thamaraikulam Town Panchayat, Theni District. 22.The Executive Officer, Thenkarai Town Panchayat, Theni District.

23.The Executive Officer, Thevaram Town Panchayat, Theni District.

24.The Executive Officer, Uthamapalayam Town Panchayat, Theni District. 25.The Executive Officer, Vadugapatti Town Panchayat, Theni District.

26.The Executive Officer, Veerapandi Town Panchayat, Theni District.

27.The Executive Officer, Cheranmahadevi Town Panchayat, Tirunelveli District. 28.The Executive Officer, Eruvadi Town Panchayat, Tirunelveli District. 9/14

29.The Executive Officer, Gopalasamudram Town Panchayat, Tirunelveli District. 30.The Executive Officer, Kallidaikurichi Town Panchayat, Tirunelveli District. 31.The Executive Officer, Manimuthar Town Panchayat, Tirunelveli District. 32.The Executive Officer, Melaseval Town Panchayat, Tirunelveli District. 33.The Executive Officer, Moolaikaraipatti Town Panchayat, Tirunelveli District. 34.The Executive Officer, Mukkudal Town Panchayat, Tirunelveli District. 35.The Executive Officer, Nanguneri Town Panchayat, Tirunelveli District. 36.The Executive Officer, Naranammalpuram Town Panchayat, Tirunelveli District. 37.The Executive Officer, Panagudi Town Panchayat, Tirunelveli District. 38.The Executive Officer, Pathamadai Town Panchayat, Tirunelveli District. 39.The Executive Officer, Sankarnagar Town Panchayat, Tirunelveli District. 40.

The Executive Officer, Thirukkurungudi Town Panchayat, Tirunelveli District. 41.The Executive Officer, Thisayanvilai Town Panchayat, Tirunelveli District. 42.The Executive Officer, Vadakku Valliyur Town Panchayat, Tirunelveli District. 43.The Executive Officer, Veeravanallur Town Panchayat, Tirunelveli District. 44.The Executive Officer, Achanpudur Town Panchayat, Tenkasi District.

45.The Executive Officer, Alangulam Town Panchayat, Tenkasi District.

10/14

46.The Executive Officer, Alwarkurichi Town Panchayat, Tenkasi District. 47.The Executive Officer, Ayikudi Town Panchayat, Tenkasi District 48.The Executive Officer, Courtallam Town Panchayat, Tenkasi District.

49.The Executive Officer, Ilanji Town Panchayat, Tenkasi District.

50.The Executive Officer, Keelapavoor Town Panchayat, Tenkasi District. 51.The Executive Officer, Melagaram Town Panchayat, Tenkasi District.

52.The Executive Officer, Panpoli Town Panchayat, Tenkasi District.

53.The Executive Officer, Pudur(S) Town Panchayat, Tenkasi District.

54.The Executive Officer, Rayagiri Town Panchayat, Tenkasi District.

55.The Executive Officer, Sambavar Vadakarai Town Panchayat, Tenkasi District. 56.The Executive Officer, Sivagiri Town Panchayat, Tenkasi District.

57.The Executive Officer, Sundarapandiapuram Town Panchayat, Tenkasi District. 58.The Executive Officer, Thiruvengadam Town Panchayat, Tenkasi District. 59.The Executive Officer, Vadakarai Keelpidagai Town Panchayat, Tenkasi District. 60.The Executive Officer, Vasudevanallur Town Panchayat, Tenkasi District. 61.The Executive Officer, Alwarthirunagari Town Panchayat, Thoothukudi District. 62.The Executive Officer, Arumuganeri Town Panchayat, Thoothukudi District. 11/14

63.The Executive Officer, Authoor Town Panchayat, Thoothukudi District. 64.The Executive Officer, Eral Town Panchayat, Thoothukudi District.

65.The Executive Officer, Ettayapuram Town Panchayat, Thoothukudi District. 66.The Executive Officer, Kadambur Town Panchayat, Thoothukudi District. 67.The Executive Officer, Kalugumalai Town Panchayat, Thoothukudi District. 68.The Executive Officer, Kanam Town Panchayat, Thoothukudi District.

69.The Executive Officer, Kayathar Town Panchayat, Thoothukudi District. 70.The Executive Officer, Nazareth Town Panchayat, Thoothukudi District. 71.The Executive Officer, Perungulam Town Panchayat, Thoothukudi District. 72.The Executive Officer, Pudur(V) Town Panchayat, Thoothukudi District. 73.The Executive Officer, Sathankulam Town Panchayat, Thoothukudi District. 74.The Executive Officer, Sawyerpuram Town Panchayat, Thoothukudi District. 75.The Executive Officer Srivaikuntam Town Panchayat, Thoothukudi District. 76.The Executive Officer, Thenthiruperai Town Panchayat, Thoothukudi District. 77.The Executive Officer, Udangudi Town Panchayat, Thoothukudi District. 78.The Executive Officer, Vilathikulam Town Panchayat, Thoothukudi District. 79.The Executive Officer, Ilayangudi Town Panchayat, Sivagangai District. 12/14

80.The Executive Officer, Kanadukathan Town Panchayat, Sivagangai District. 81.The Executive Officer, Kandanur Town Panchayat, Sivagangai District. 82.The Executive Officer, Kottaiyur Town Panchayat, Sivagangai District. 83.The Executive Officer, Nattarasankottai Town Panchayat, Sivagangai District. 84.The Executive Officer, Nerkuppai Town Panchayat, Sivagangai District. 85.The Executive Officer, Pallathur Town Panchayat, Sivagangai District. 86.The Executive Officer, Puduvayal Town Panchayat, Sivagangai District. 87.The Executive Officer, Singampuneri Town Panchayat, Sivagangai District. 88.The Executive Officer, Thirupuvanam Town Panchayat, Sivagangai District. 89.The Executive Officer, Tirupathur Town Panchayat, Sivagangai District. 90.The Executive Officer, Abiramam Town Panchayat, Ramanathapuram District. 91.

The Executive Officer, Kamuthi Town Panchayat, Ramanathapuram District. 92.The Executive Officer, Mandapam Town Panchayat, Ramanathapuram District. 93.The Executive Officer, Mudukulathur Town Panchayat, Ramanathapuram District. 94.The Executive Officer, R.S.Mangalam Town Panchayat, Ramanathapuram District. 95.The Executive Officer, Sayalgudi Town Panchayat, Ramanathapuram District. 96.The Executive Officer, Thondi Town Panchayat, Ramanathapuram District.

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-15232[F] dated 30/03/2022 ) +1 CC to M/s.SPL GP ( SR-15649[F] dated 31/03/2022 ) Dated:

29.03.2022 RK(08/04/2022) 14P 99C 14/14