Palpandi.S v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)Nos.6950, 6951, 11151 & 11153 of 2024 S.Palpandi ... Petitioner Vs.

1.State of Tamilnadu, Through its Secretary, Rural Development and Panchayat Raj, Fort St.George, Chennai 2.The Chairman, District Rural Development Agency, Represented by the District Collector, Madurai District.

3.The Block Development Officer (Village Panchayat), Sedapatti Panchayat Union, Sedapatti, Madurai District.

4.P.Karthika .... Respondents (4th respondent is impleaded vide Court order dated 01.10.2024 in W.M.P.(MD)No.11150/2024) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent's rejection order of the petitioner's tender relating to 1/4

work in SL.Nos.386, 388 and 389 dated 11.03.2024 arising out of the Tender in Na.Ka.No.2526/2024/D7 dated 29.02.2024 quash the same and further direct the respondents to allot the said work to the petitioner as per his tender. For Petitioner : Ms.V.Janaki Devi For Respondents : Mr.D.Sadiq Raja, Addl. Govt. Pleader for R1 & R2 Mr.P.T.Thiraviyam, Govt. Advocate for R3

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent's rejection order of the petitioner's tender relating to work in SL.Nos.386, 388 and 389 dated 11.03.2024 arising out of the Tender in Na.Ka.No.2526/2024/D7 dated 29.02.2024 quash the same and further direct the respondents to allot the said work to the petitioner as per his tender.

2. When the matter is taken up for hearing, the learned Government Advocate appearing for the third respondent, on instructions, submits that since the six months period of earlier tender have already been lapsed, the third respondent is decided to call for a new tender in accordance with law. Therefore, nothing survives in this Writ Petition.

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3. Recording the above said submission, this Writ Petition is disposed of. The respondents shall call for a fresh tender in accordance with law, in which both the petitioner and the 4th respondent can also participate. The respondents are directed to return the EMD deposits to the petitioner as well as the fourth respondent, which were deposited by them at the time of applying tender. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

01.10.2024 NCC : Yes/No Index : Yes/No vsm To 1.The Secretary, State of Tamil Nadu, Rural Development and Panchayat Raj, Fort St.George, Chennai.

2.The Chairman, District Rural Development Agency, Represented by the District Collector, Madurai District.

3.The Block Development Officer (Village Panchayat), Sedapatti Panchayat Union, Sedapatti, Madurai District.

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N.SATHISH KUMAR , J.

vsm 01.10.2024 4/4