M/S.Visvas Builders, v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.10642 of 2017 and WMP(MD)Nos.8121 and 8122 of 2017 M/s.Visvas Builders represented by it Sole Proprietor, M.Dharmalingam : Petitioner -vs1. The Government of Tamil Nadu rep. by the Director, Rural Development and Panchayat Raj Department, Chennai-600 009.

2. The Project Director,

3. The Executive Engineer, Rural Development, Dindigul. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Certiorarified Mandamus, to call for the records relating to the impugned undated order of the respondents 2 and 3 herein received by the petitioner on 02.06.2017 through online, quash the same and further direct the respondents to open and evaluate the price bids submitted by the petitioner herein dated 29.03.2017 through online for package No.TN-05-22 and TN-05-23 in pursuant to the Tender Ref.DIPR/1026/TENDER/2017 issued by the respondent No.1. For Petitioner : Mr.K.Chellapandian, Senior counsel for Mr.D.Sivaraman For Respondents : Mr.B.Pugalendhi Addl. Advocate General assisted by Mr.D.Muruganandham Additional Government Pleader

O R D E R

The prayer sought for in this writ petition is to call for the records relating to the impugned order of the respondents 2 and 3 received by the petitioner on 02.06.2017 through online, quash the same and further to direct the respondents to open and evaluate the price bids submitted by the petitioner, dated 29.03.2017 through online for package No.TN-05-22 and TN-05-23 in pursuant to the Tender Ref.DIPR/1026/TENDER/2017 issued by the respondent No.1.

2.Indisputably, the challenge in the writ petition is the order passed by the 2nd respondent, pursuant to the tender notification.

3.Heard Mr.K.Chellapandian, the learned Senior counsel appearing for the petitioner and Mr.B.Pugalendhi, the learned Additional Advocate General appearing for the respondents and perused the materials available on record.

4.It is seen that under section 11 of the Tamil Nadu Transparency in Tenders Act 1998, an appeal remedy is available to the petitioner. Since the petitioner is having an effective alternative remedy, this court is of the opinion that the present writ petition cannot be entertained.

5.In such view of the matter, the writ petition is dismissed giving liberty to the petitioner to approach appropriate forum within a period of one week from the date of receipt of the order copy. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To,

1. The Director, Rural Development and Panchayat Raj Department, Chennai-600 009.

2. The Project Director,

3. The Executive Engineer, Rural Development, +1cc to M/S.D.Sivaraman, Advocate SR.No. 60265 +1cc to Special Government Pleader, SR.No. 60535 W.P.(MD)No.10642 of 2017 14.06.2017 er JM/SV MMS/SAR 4/22.06.2017/3P/6C