Madras High CourtWP(MD)/9953/2022disposed of

Chellappan Pillai v. The District Collector

2022-05-20Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos. 7097 to 7106 of 2022 Chellappan Pillai ... Petitioner in all Writ Petitions Vs.

1.The District Collector, 2.The Additional Director of Panchayat, Office of the District Collector, Kanyakumari District, Kanyakumari.

... Respondents 1 & 2 in all Writ Petitions 3.The Executive Officer, Azhagiyapandiyapuram Town Panchayat, Main Road, Kurathiyarai, Azhagiyapandiyapuram Post-629 851, ... 3rd Respondent in WP (MD) No.9953/2022 4.The Executive Officer, Mylaudy Town Panchayat, 9/32B, Main Road, Avarivilai, Mylaudy-629 403, ... 3rd Respondent in WP (MD) No.9954/2022 5.The Executive Officer, Unnamalaikadai Town Panchayat, Unnamalaikadai First Grade TP Office, Viricode-629 165, ... 3rd Respondent in WP (MD) No.9955/2022

6. The Executive Officer, Suchinduram Town Panchayat, 12/16, Kovil Approach Road, Suchinduram Post - 629 704, ... 3rd Respondent in WP (MD) No.9956/2022 1/6

7. The Executive Officer, Boothapandi Town Panchayat, 24/11, South Street, Boothapandi - 629 852, ... 3rd Respondent in WP (MD) No.9957/2022 8.The Executive Officer, Thenthamaraikulam Town Panchayat, 3/100, Near Mutharamman Koil, Thenthamaraikulam Post - 629 701, ... 3rd Respondent in WP (MD) No.9958/2022

9. The Executive Officer, Kanyakumari Town Panchayat, 1-9F, Main Road, Kanyakumari - 629 702, ... 3rd Respondent in WP (MD) No.9959/2022

10. The Executive Officer, Kulasekaram Town Panchayat, 14/234, Nagacode Padanilam, Kulasekaram Post-629 161, ... 3rd Respondent in WP (MD) No.9960/2022

11. The Executive Officer, Aralvaimozhi Town Panchayat, 8/51-Main Road, Aralvaimozhi-629301, ... 3rd Respondent in WP (MD) No.9961/2022 Prayer in WP(MD). 9953 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to complete tender process by opening price bids in pursuant to the Tender Notice in Na.Ka.No.55/2022/m1 dated 13.04.2022 on the file of 3rd Respondent in considering the petitioners representation dated 12/05/2022 and to declare Prayer in WP(MD). 9954 of 2022 :

11.04.2022 on the file of 3rd Respondent in considering the petitioners representation dated 12/05/2022 and to declare Prayer in WP(MD). 9955 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to complete tender process by opening price bids in pursuant to the Tender Notice in Na.Ka.No.04/2022/m2 dated 29.03.2022 on the file of 3rd Respondent in considering the petitioners representation dated 12/05/2022 and to declare successful bidder and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 9956 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to complete tender process by opening price bids in pursuant to the Tender Notice in Na.Ka.No.120/2022/m2 dated 23.03.2022 on the file of 3rd Respondent in considering the petitioners representation dated 12/05/2022 and to declare successful bidder and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 9957 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to complete tender process by opening price bids in pursuant to the Tender Notice in Na.Ka.No.125/2022/m1 dated 12.04.2022 on the file of 3rd Respondent in considering the petitioners representation dated 12/05/2022 and to declare successful bidder and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 9958 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to complete tender process by opening price bids in pursuant to the Tender Notice in Na.Ka.NO.55/2022/m1 dated 28.03.2022 on the file of 3rd Respondent in considering the petitioner's representation dated 12/05/2022 and to declare successful bidder and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. 3/6

Prayer in WP(MD). 9959 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court issue a Writ of Mandamus, directing the Respondents to complete tender process by opening price bids in pursuant to the Tender Notice in Na.Ka.No.120/2022/m2 dated 21.03.2022 on the file of 3rd Respondent in considering the petitioner's representation dated 12/05/2022 and to declare Prayer in WP(MD). 9960 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to complete tender process by opening price bids in pursuant to the Tender Notice in Na.Ka.No.194/2022/A1 dated 08.04.2022 on the file of 3rd Respondent in considering the petitioner's representation dated 12/05/2022 and to declare successful bidder and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 9961 of 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned Tender Notice in Na.Ka.No.110/2022/m1 dated 09.05.2022 on the file of the 3rd Respondent and quash the same and further directing the Respondents to complete the Tender process in pursuant to the Tender Notification in Na.Ka.No.110/2022/m1 dated 31.03.2022 by opening the price bids and to declare successful bidder and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner in all cases : Mr.G.Prabhu Rajadurai For Respondents in all cases : Mr.S.Kameshwaran Government Advocate for R.1 and R.2 :Mrs.D.Farjana Ghoushia Special Government Pleader for R.3 COMMON ORDER These writ petitions have been filed for Mandamus on the ground that the petitioner's bids have not been opened. 4/6

2. According to the learned Special Government Pleader appearing for the third respondent, the bids have already been opened and the petitioner's bids have been rejected and in due course, the same will be intimated to the petitioner.

3. Since the bids have already been opened and the petitioner's bids have been rejected, the third respondent is directed to intimate the rejection to the petitioner within a period of one week from the date of receipt of a copy of this order. The petitioner is granted liberty to challenge the rejection orders in the manner known to him under law. It is made clear that in case the respondents decide to issue fresh tender, they are permitted to do so, only after the copy of the rejection orders are served on the petitioner.

4. With the aforesaid directions, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar (CS-III / Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) SSL 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.

To:

1. The District Collector, Kanyakumari District.

2. The Additional Director of Panchayat, Office of the District Collector, Kanyakumari District, Kanyakumari.

3. The Executive Officer, Azhagiyapandiyapuram Town Panchayat, Main Road, Kurathiyarai, Azhagiyapandiyapuram Post-629 851,

4. The Executive Officer, Mylaudy Town Panchayat, 9/32B, Main Road, Avarivilai, Mylaudy-629 403, 5/6

5. The Executive Officer, Unnamalaikadai Town Panchayat, Unnamalaikadai First Grade TP Office, Viricode-629 165,

6. The Executive Officer, Suchinduram Town Panchayat, 12/16, Kovil Approach Road, Suchinduram Post - 629 704,

7. The Executive Officer, Boothapandi Town Panchayat, 24/11, South Street, Boothapandi - 629 852, 8.The Executive Officer, Thenthamaraikulam Town Panchayat, 3/100, Near Mutharamman Koil, Thenthamaraikulam Post - 629 701,

9. The Executive Officer, Kanyakumari Town Panchayat, 1-9F, Main Road, Kanyakumari - 629 702,

10. The Executive Officer, Kulasekaram Town Panchayat, 14/234, Nagacode Padanilam, Kulasekaram Post-629 161,

11. The Executive Officer, Aralvaimozhi Town Panchayat, 8/51-Main Road, Aralvaimozhi-629301, + 9 CC to M/s G.Prabhu Rajadurai, Advocate, Copy Application SR.Nos.23954 to 23962 dated 20.05.2022.

+ 1 CC to Special Government Pleader, Copy Application SR.Nos. 24031, 24033, 24037, 24042-24047, dated 23.05.2022. 20.05.2022 RD(03.06.2022) 6P 22C 6/6