Madras High CourtWP(MD)/11670/2021disposed of

K.Suresh Kumar v. The Commissioner

2021-07-15Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.11670 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11670 of 2021 K.Sureshkumar ... Petitioner Vs.

The Commissioner, Theni Allinagaram Municipality, Theni District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to conduct tender - cum -auction in pursuance to the tender notification, dated 15.06.2021 in a transparent manner by making proper paper publication and to provide fair opportunity to the petitioner to participate in the auction and by strictly following the provisions contemplated under the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tender Rules, 2000.

For Petitioner : Mr.P.R.Prithviraj For Respondent : Mr.K.Hema Karthikeyan

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent to conduct tender-cum-auction strictly in accordance with the relevant Act and Rules.

2. The grievance of the petitioner is that the respondent is not properly following the procedure and auction that was earlier fixed was all of a sudden postponed without any prior notice. Therefore, the petitioner apprehends that the auction will not be conducted in a fair manner.

3. The learned counsel appearing on behalf of the respondent submitted that the earlier auction notification was postponed due to administrative reasons. It was further submitted that a fresh notification will be issued in accordance with the Circular issued by the Commissioner of Municipality Administration, Chennai, dated 19.10.2009.

3. Taking into consideration the facts and circumstances of the case and the specific stand taken by the respondent, there shall be a direction to the respondent to conduct the auction strictly in accordance with the Circular issued by the Commissioner of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11670 of 2021 Municipality Administration, Chennai, dated 19.10.2009, by affording opportunity to all the participants to submit their bids and participate in the auction.

4. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 The Commissioner, Theni Allinagaram Municipality, Theni District.

W.P.(MD).No.11670 of 2021 15.07.2021 PK(CO) LR (26.07.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2