Ananthan.M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.9896, 9898 & 9899 of 2021 M.Ananthan ... Petitioner Vs.

The Commissioner, Madurai City Municipal Corporation, Madurai.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to Tender cum Auction Notification of the respondent for the block period from 2021-2022 to 2023-2024 in his proceedings in Ma.Va.No.4/000600/2021 dated. Nil, which was ratified under respondent's Council Resolution No.1032 dated 28.05.2021 and consequential Tender cum Auction Conditions notification of the respondent in his proceedings in Ma.Va.No.4/000600/2021 dated Nil which was published in respondent Corporation's Website on 13.07.2021 and quash the same and consequently forbearing the respondent in any manner from conducting the Tender cum Auction without following the 1/4

procedures laid down in the Madurai City Municipal Corporations Act and Rules.

For Petitioner : Mr.J.Parekhkumar For Respondent : Mr.R.Murali, Standing Counsel

O R D E R

This Writ Petition has been filed challenging the Tender cum Auction Notification of the respondent for the block period from 2021-2022 to 2023-2024 in his proceedings in Ma.Va.No.4/000600/2021 dated. Nil, which was ratified under respondent's Council Resolution No. 1032, dated 28.05.2021 and consequential Tender cum Auction Conditions notification of the respondent in his proceedings in Ma.Va.No. 4/000600/2021 dated Nil which was published in respondent Corporation's Website on 13.07.2021 and quash the same and consequently forbearing the respondent in any manner from conducting the Tender cum Auction without following the procedures laid down in the Madurai City Municipal Corporations Act and Rules.

2. When the matter was taken up for hearing, it was brought to the notice of this Court by the learned Standing Counsel appearing on 2/4

behalf of the respondent that pursuant to the Tender Notification, 163 persons participated with respect to 63 items of work and the tender was also confirmed in favour of the successful bidders.

3. In view of the above development, the Auction Notification cannot be disturbed at this length of time more particularly since the third party interest is involved.

4. Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. 28.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

N.ANAND VENKATESH, J.

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