Suresh. T v. The Nuclear Power Corporation Of India Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.12848 and 12850 of 2024 T.Suresh, S/o.Thiraviyam, Proprietor of Suruthi Constructions, No.153a, Na, Keezha Ramanputhoor, Nagercoil Post, Kanyakumari District-629 001.

... Petitioner Vs.

1. The Nuclear Power Corporation of India Limited, The Kudankulam Nuclear Power Project, Represented by this Site Director, Kudankulam Nuclear Power Plant, Kudankulam Post, Radhapuram Taluk, Tirunelveli District.

2.The Station Director, Kudankulam Nuclear Power Plant, Kudankulam Post, Radhapuram Taluk, Tirunelveli District.

3.The Engineer-Incharge, Centralized Tender Cell, Kudankulam Nuclear Power Plant, Kudankulam Post, Radhapuram Taluk, Tirunelveli District.

4.The Deputy General Manager and Group, Finance and Accounts, 1/6

Kudankulam Nuclear Power Plant, Kudankulam Post, Radhapuram Taluk, Tirunelveli District.

5.The Commissioning Contract Committee, Kudankulam Nuclear Power Plant, Kudankulam Post, Radhapuram Taluk, Tirunelveli District.

6.The Scientific Officer-E, (C and Mm - Works Group), Centralized Tender Cell, Kudankulam Nuclear Power Plant, Kudankulam Post, Radhapuram Taluk, Tirunelveli District.

7.M.Subramanian

8. C.Kathiresan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records in relating to the impugned list of Sellers qualified financially dated 29.06.2024 issued by the 1st respondent and to quash the same and consequently, to direct the 2nd respondent to conduct the Tender No.NPCIL/KK-1 & 2/O & M/MSS/PT/2023/108 by disqualifying the respondents 7 and 8 and to declare the successful bidder in a manner known to law within the time limit that may be stipulated by this Court. 2/6

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.C.Muthu Saravanana for R1 to R6.

ORDER

Heard the learned counsel for the writ petitioner and the learned standing counsel for Nuclear Power Corporation.

2.The petitioner had filed W.P.(MD)No.14746 of 2024 for disqualifying the private respondents herein on the ground that their work completion certificate is not genuine. The stand of the corporation is that enquiry was conducted that the wort completion certificate filed by the respondents 7 and 8 are genuine. I, therefore, dismissed W.P.(MD)No.14746 of 2024. In this writ petition, what is under challenge is the final results of the tender process. In the list published by the corporation, the seventh respondent is figuring as L1 and the eighth respondent is figuring as L2. The petitioner is figuring as L4. The seventh respondent has quoted Rs.4,86,72,000/- The eighth respondent has quoted a sum of Rs.5,19,75,000/- The petitioner herein has quoted a sum of Rs.5,97,20,000/-. The petitioner cannot maintain a challenge to the results of a tender process announced by the corporation when this Court has not found any 3/6

merit in the foundational premises. According to the petitioner, the respondent 7 and 8 are not qualified to participate. The corporation has already rejected the said stand. The Writ Court cannot go into such disputed issues. This writ petition will have to be dismissed. It is accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 19.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6

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G.R.SWAMINATHAN, J.

ias 19.07.2024 6/6