A.Karuppasamy v. State Of Tamilnadu Rep. By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.6031 and 6032 of 2020 A.Karuppasamy ... Petitioner Vs 1.State of Tamilnadu rep. by its Secretary to Government, Public Works Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Engineer in Chief, Public Works Department, Chepauk, Chennai.
3.The Chief Engineer (Buildings), Madurai Region, Thallakulam, Madurai - 625 002.
4.The Superintending Engineer, Public Works Department, Buildings (Construction & Maintenance ) Circle, Tirunelveli District.
5.The Chairman, Tender Award Committee, Public Works Department, Chennai.
... Respondents (R5 suo motu impleaded vide Court order dated 12.06.2020 in W.P.(MD)No.6679 of 2020 by CVKJ) PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned notification issued by the 4th respondent in Tender Notice No:15/2019-20 dated 11.03.2020 and quash the same as illegal and consequently restrain the respondents from issuing tender notifications under the package system. 1/3
For Petitioner : Mr.R.J.Karthick For Respondents : Mrs.S.Srimathy.
Spl. Govt. Pleder for R1, R2, R4 & R5 Mr.Aayiram K.Selvakumar, Additional Government Pleader for R3
O R D E R
The petitioner challenges the impugned tender notification on the ground that by consolidating the various tender works, the petitioner is being disabled from participating. 2.When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the third respondent points out that the value of the tender works is more than a crore of rupees and that the petitioner being Class II contractor is not even eligible to take part.
3.I find considerable force in the said submission. I therefore dismiss this writ petition on the sole ground of locus standi. It is made clear that I have not gone into the merits of the matter.
4.With these observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS ) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To:
1.The Secretary, Public Works Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The Engineer in Chief, Public Works Department, Chepauk, Chennai.
3.The Chief Engineer (Buildings), Madurai Region, Thallakulam, Madurai - 625 002.
4.The Superintending Engineer, Public Works Department, Buildings (Construction & Maintenance ) Circle, Tirunelveli District.
5.The Chairman, Tender Award Committee, Public Works Department, Chennai.
08.07.2020 CS (14.07.2020) 3P 6C 3/3