T.Xavior v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.05.2018

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10574 of 2018 and W.M.P.(MD)Nos.9644 & 9645 of 2018 T.Xavior ... Petitioner Vs.

1. The District Collector, Office of the District Collector, Kanyakumari District.

2. The Assistant Director, Office of the Assistant Director of Town Panchayath, Nagarkoil, Kanyakumari District.

3. The Executive Officer, Karungal Special Grade Town Panchayath, Kanyakumari District.

4. The Special Officer, Karungal Special Grade Town Panchayath, Kanyakumari District.

... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records connected with impugned Tender Notification in Na.Ka. No.469/2017/A1, dated 19.04.2018 on the file of the third respondent and quash the same as illegal, consequently to direct the third respondent to issue fresh tender notification on the basis of Tamil Nadu Transparency in Tenders Act, 1998 Act and Tamil Nadu Transparency in Tenders rules 2000 and to direct the third respondent to renew the contract license for the period 2018 - 2019 within the time stipulated by this Court deem fit and proper in the circumstances of the case.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

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O R D E R

This Writ petition is filed for issuance of a Writ of Certiorari, to quash the impugned Tender Notification in Na.Ka.No.469/2017/A1, dated 19.04.2018 on the file of the third respondent and consequently to direct the third respondent to issue fresh tender notification on the basis of Tamil Nadu Transparency in Tenders Act, 1998 Act and Tamil Nadu Transparency in Tenders rules 2000 and to direct the third respondent to renew the contract license for the period 2018 - 2019 within the time stipulated by https://hcservices.ecourts.gov.in/hcservices/

this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petitioner has come by way of different prayer, the learned counsel for the petitioner states that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 20.04.2018, on merits within a period of one week so that he may take his chance to participate in the Tender now floated by the respondents.

5. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the petitioner's representation or his eligibility to get renewal, this Court is inclined to issue the following direction:- "The third respondent is directed to consider the representation of the petitioner, dated 20.04.2018 and pass appropriate orders on merits and in accordance with law, on or before 10.05.2018."

6. Accordingly, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petitions are closed. Sd/- Vacation Officer, /True Copy/ Sub Assistant Registrar To

1. The District Collector, Office of the District Collector, Kanyakumari District.

2. The Assistant Director, Office of the Assistant Director of Town Panchayath, Nagarkoil, Kanyakumari District.

3. The Executive Officer, Karungal Special Grade Town Panchayath, Kanyakumari District.

4. The Special Officer, Karungal Special Grade Town Panchayath, Kanyakumari District.

+1CC to the Special Government Pleader SR.No.65152 ORDER MADE IN W.P.(MD).No.10574 of 2018 and W.M.P.(MD)Nos.9644 & 9645 of 2018 03.05.2018 pmu AM/RSK/SAR 2/04.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/