M/S.Phoenix And Co. v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Writ Petition(MD)No.9568 & 9569 of 2026 and W.M.P(MD)Nos.7624, 7626, 7627, 7630, 7631, 7633, 7634 & 7635 of 2026 M/s Phoenix and Co., Rep. by its Managing Partner, M.Raja, 8/129, Karattur, Vadugapatti Post, Edappady Taluk, Salem - 637 102.

.. Petitioner in both petitions Vs 1.The Principal Secretary to Government, Department of Municipal Administration and Water Supply, Chennai - 600 009.

2.The Managing Director, Tamil Nadu Water Supply and Drainage Board (TWAD), Chepauk, Chennai - 600005.

3.The Chief Engineer (i/c) Tamil Nadu Water Supply and Drainage Board (TWAD), No.1/1, Sambakulam, Ganesh nagar, Opp. MGR Bustand, Mattuthavani, Madurai 625 007.

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4.The Additional Director of Income Tax (Investigation Wing) O/o the Additional Director of Income Tax (Investigation Wing) Madurai - 625 002.

5.The Assistant / Deputy Commissioner of CGST & CE, O/o the Assistant/Deputy Commissioner of CGST & CE., Madurai - 625 002.

6.M/s KKS Constructions, rep. by its proprietor, Mr.M.Krishnamoorthy, Plot No.82, Door No.7-1, Ayyappan Nagar, Mullai Street, Madurai - 625 014.

7.D.R.Kamalesh, ..Respondents in both petitions Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Work Order in Lr.No. F.O and M of 14 Nos Theni CWSS/DO II/CW/2026/dated 14.03.2026 on the file of the Respondent No.3 and quash the same as illegal and consequently direct the Respondents to re-issue the tender for "Operation and Maintenance of the 13 & 14 Nos. CWSS in Theni District including repair and rectification works and supply of chemicals for three years period within the time from 01.04.2026 to 31.03.2026 (Package 16 & 17) respectively within the time stipulated by this Court.

In both petitions:

For Petitioner : Mr.T.Lajapathy Roy Senior Counsel for M/s Roy and Roy Associates For Respondent : Mr.M.Mahaboob Athiff Govt. Advocate for R1 2/6

Mr.ARL.Sundaresan Senior Counsel for R2 and R3 Mrs.M.Rajeswari for R4 Mr.T.Mohan Senior Counsel for Mr.J.Pandidorai for R6 Mr.T.Manikandan for R7 No appearance for R5 COMMON ORDER The challenge in these writ petitions is to the work orders dated 14.03.2026 issued by the third respondent in favour of respondents 6 and 7. The said work orders were issued pursuant to a tender notification inviting bids for the operation and maintenance of the Combined Water Supply Scheme.

2.It is brought to the notice of this Court that similar writ petitions raising identical grounds were filed before the Principal Bench of this Court. A Coordinate Bench of the Principal Bench, by order dated 27.04.2026 in W.P. No.650 of 2026 etc., batch, dismissed all the writ petitions, thereby upholding the validity of the tender conditions and the consequential work orders issued in favour of the successful bidders.

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3.It is further brought to the notice of this Court that, even prior to filing the present writ petitions, the petitioner had preferred an appeal under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998 before the Principal Secretary, challenging the very same work orders on substantially the same grounds. 4.In view of the fact that the validity of the tender conditions and the consequential work orders has already been upheld by a Coordinate Bench of this Court, no further adjudication survives in the present writ petitions.

5.Accordingly, these writ petitions are disposed of in terms of the order dated 27.04.2026 passed by the Coordinate Bench in W.P. No.650 of 2026 etc., batch. Liberty is reserved to the petitioner to work out its remedies in the manner known to law, including by challenging the aforesaid order, if so advised. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

04.06.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn 4/6

To 1.The Principal Secretary to Government, Department of Municipal Administration and Water Supply, Chennai - 600 009.

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HEMANT CHANDANGOUDAR, J.

skn Writ Petition(MD)No.9568 & 9569 of 2026 04.06.2026 6/6