R.Irulappan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.8913 of 2025 and W.M.P.(MD)No.6680 & 6682 of 2025 R.Irulappan ... Petitioner -vs1. The Director, District Rural Development Authority, Chennai.

2. The Special Officer, Kallanai Panchayat, Kallikudi, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the impugned tender notification issued by the 2nd respondent made in Tender No.2/25 dated 18.03.2025 and set aside the same as illegal.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader 1/4

ORDER

This writ petition has been filed challenging the impugned tender notification issued by the 2nd respondent made in Tender No.2/25 dated 18.03.2025.

2. Heard the learned counsel on either side.

3. The learned counsel appearing for the petitioner submits that the petitioner participated in the tender notification issued by the second respondent and the petitioner, being the successful tenderer, was also issued with the work order. However, it was cancelled on 19.02.2025. He further submits that work order was issued on 03.01.2025 and the cancellation order was issued on 19.02.2025. In the meanwhile, the petitioner commenced the work and the work is in midway and hence, challenging the same, the petitioner filed a statutory appeal before the first respondent on 14.03.2025 and the same is pending. In the meanwhile, the second respondent issued a fresh tender notification dated 18.03.2025. Hence, challenging the same, this writ petition has been filed by the petitioner. 2/4

4. The learned Special Government Pleader appearing for the respondents submits that the petitioner may participate in the fresh tender and result of the fresh tender may be subject to the outcome of the appeal filed by the petitioner dated 14.03.2025, which is pending before the first respondent.

5. Considering the facts and circumstances of this case, this writ petition is disposed of, with liberty to the petitioner to participate in the fresh tender. However, the result of the fresh tender will be subject to the outcome of the appeal filed by the petitioner dated 14.03.2025, which is pending before the first respondent. The first respondent is also directed to dispose of the appeal filed by the petitioner dated 14.03.2025, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 01.04.2025 NCC : Yes/No (2/3) Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Director, District Rural Development Authority, Chennai.

2. The Special Officer, Kallanai Panchayat, Kallikudi, Madurai District.

Order made in W.P.(MD)No.8913 of 2025 (2/3) Dated:

01.04.2025 4/4