Madras High CourtWP(MD)/14570/2021disposed of

Sunder Singh.A v. The Assistant Director Of Panchayat

2021-08-17Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P.(MD)No.14570 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.14570 of 2021 and W.M.P(MD).No.11503 of 2021 A.Sunder Singh ... Petitioner Vs.

1. The Assistant Director of Panchayat, Nagercoil, Kanyakumari District.

2. The Executive Officer, Anjugramam I Grade Panchayat, Anjugramam, Kanyakumari District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue work order to the petitioner pursuant to the tender which was opened on 22.02.2021 by considering the representation of the petitioner dated 02.08.2021.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.P.Subbaraj, Counsel for the State, for R1.

For R2 : Mr.Gandhiraj

O R D E R

The petitioner participated in a tender floated by the second respondent for a contract in relation to the provision of garbage collection and disposal services. According to the petitioner, he was the lowest bidder. The present writ petition is filed in view of the failure of the second respondent to issue a work order in favour of the petitioner.

2. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the first respondent.

3. In view of the nature of order proposed to be issued, the writ petition is disposed of without notice to the second respondent.

4. From the facts and documents on record, it cannot be concluded that the petitioner is the successful bidder. The only documents enclosed with the writ petition are the tender https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14570 of 2021 notification dated 17.02.2021 and the representation of the petitioner dated 02.08.2021. At the same time, upon conclusion of the tender process, the second respondent is obligated to declare the results of such tender or announce a fresh tender if the original tender was unsuccessful. In either case, the petitioner's representation would have to be considered and disposed of by way of a reasoned communication.

5. Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the petitioner's representation dated 02.08.2021 and dispose of the same by a reasoned communication within a period of thirty (30) days from the date of receipt of a copy of this order. By such reasoned communication, the second respondent shall indicate whether the petitioner's bid was accepted or refused. In case the petitioner's bid was accepted as the lowest bid, necessary consequential orders may be issued by the second respondent.

6. W.P(MD).No.14570 of 2021 is disposed of without any order as to costs. Consequently, connected W.M.P(MD).No.11503 of 2021 is closed.

Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To:

1. The Assistant Director of Panchayat, Nagercoil, Kanyakumari District.

2. The Executive Officer, Anjugramam I Grade Panchayat, Anjugramam, Kanyakumari District.

+1 CC to M/s.GP ( SR-26652[F] dated 18/08/2021 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-26731[F] dated 19/08/2021) W.P.(MD)No.14570 of 2021 17.08.2021 RK (25.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2