Peter.S v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.10879 of 2023 and W.M.P.(MD)Nos.9534 and 9535 of 2023 S.Peter ... Petitioner vs.

1.The State of Tamil Nadu, represented by its Principal Secretary, Secretariat, Fort St.George, Chennai- 600 009. 2.The Director, Panagal Park, Chennai- 600 009.

3.The Chief Engineer, Panagal Park, Chennai-600 009.

4.The District Collector, Nagercoil, Kanyakumar District.

5.The Project Director, Department of Rural Development Authority, 6.The Executive Engineer, 1/5

7.The Assistant Executive Engineer, Road and Bridge, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned Tender Notification No.Nil, dated Nil in "Mudhalvarin Grama Salaigal Membattu Thittam (MGSMT) 2022-2023" (Two Cover System in E-Tender) Kanniyakumari District issued by the fifth respondent and to quash the same as illegal.

For Petitioner :Mr.LGeorge Paul Anto For Respondents :Mr.D.S.Nedunchezhian Additional Government Pleader *****

O R D E R

This Writ Petition has been filed in the nature of a Certiorari, seeking records relating to a tender notification for a work in "Mudhalvarin Grama Salaigal Membattu Thittam (MGSMT) 2022-2023", which was a Two Cover System in E-Tender, in Kanniyakumari District. This had been issued by the fifth respondent, Project Director, Department of Rural Development Authority, 2/5

2.Heard Mr.LGeorge Paul Anto, learned Counsel for the petitioner and Mr.D.S.Nedunchezhian, learned Government Advocate for respondents.

3.In the affidavit filed in support of this Writ Petition, it had been stated that the petitioner is a Class-I Contractor. There are no averments made anywhere in the affidavit that the petitioner had actually participated in the tender. He however seeks modification and rectification being made in the tender notification. The petitioner has no locus. He is a stranger to the entire contract and he cannot suggest any modification. He cannot suggest any rectification. Even if he does, there is no obligation on the respondents to do what he says. 4.The Writ Petition stands dismissed. No order as to costs. Consequently, connected miscellaneous petitions are closed. Index :Yes / No 28.04.2023 Internet :Yes NCC : Yes/No cmr 3/5

To 1.The Principal Secretary, The State of Tamil Nadu, Secretariat, Fort St.George, Chennai- 600 009. 2.The Director, Panagal Park, Chennai- 600 009.

3.The Chief Engineer, Panagal Park, Chennai-600 009.

4.The District Collector, Nagercoil, Kanyakumar District.

5.The Project Director, Department of Rural Development Authority, 6.The Executive Engineer, 7.The Assistant Executive Engineer, Road and Bridge, Nagercoil, Kanyakumari District.

4/5

C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.10879 of 2023 28.04.2023 5/5