Malligai Sangammam Aangal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9492 of 2018 and W.M.P.(MD) No.8744 of 2018 Malligai Sangamam Aangal Thuppuravu Paniyalargal Self Help Group through its Secretary G.Senthil Kumar S/o.Gurusamy Gandhiji Road Thamaraikulam Periyakulam, Theni District ... Petitioner vs.

1.The District Collector Theni District 2.The Commissioner of Municipal Administration 6th Floor, Ezhilagam Annex Building Chepauk, Chennai-600 005 3.The Regional Director of Municipality Melakal Road Kochadai, Madurai-625 016 4.The Commissioner Periyakulam Municipality Periyakulam Theni District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue fresh tender notification for the scavengers works in Ward No.6 to No.30, Periyakulam Town, Theni District and also to provide opportunity to the petitioner to participate in the tender.

For Petitioner :

Mr.S.Pandiaraj For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents.

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2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. When the tender notification, dated 12.10.2017 came to be challenged before this Court in W.P.(MD) No.19572 of 2017, by an order dated 16.03.2018, the writ petition came to be dismissed on the ground that the Municipality has a right to insist the tenderers to enroll themselves under E.S.I., E.P.F., Insurance and Taxes Schemes and as such, the prayer sought for therein cannot be entertained in the present writ petition. While that being so, the present writ petition seeking for issuance of a fresh tender notification cannot be maintained in view of the order in the earlier writ petition.

4. In the result, the writ petition fails and it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/ Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Theni District.

2.The Commissioner of Municipal Administration, 6th Floor, Ezhilagam, Annex Building, Chepauk, Chennai-600 005.

3.The Regional Director of Municipality, Melakal Road, Kochadai, Madurai-625 016.

4.The Commissioner, Periyakulam Municipality, Periyakulam, Theni District.

+1cc to Mr.S.PANDIARAJ Advocate, SR.No. 64333 +1cc to M/s.Special Government Pleader,SR.No.64518 W.P.(MD) No.9492 of 2018 and W.M.P.(MD) No.8744 of 2018 26.04.2018 KRK KK/RSK/SAR-3/16.05.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/