Susila.T v. The Commissioner

1 W.P.(MD)NO.15732 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15732 of 2022 and W.M.P.(MD)Nos.11323, 11325 & 11326 of 2022 T. Susila, Chairman, Pudur Panchayat Union, Pudur, Thoothukudi District.

... Petitioner Vs.

1. The Commissioner, Rehabilitation and Welfare of Non-Resident Tamil Department, 4thFloor, Ezhillagam Annex Building, Chepauk, Chennai-600005.

2. The Secretary to Government, Rural Development &Panchayat Raj Department, Secretariat, St.George Fort, Chepauk, Chennai-600009.

3. The District Collector/Chairman, District Rural Development Agency (DRDA), Thoothukudi District, Thoothukudi.

4. The Block Development Officer, Pudur Panchayat Union, Pudur, Thoothukudi District.

... Respondents 1/5

2 W.P.(MD)NO.15732 OF 2022 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent in connection with the impugned proceedings passed by him in No.A1/832/2021 dated 24.06.2022 in regard to E-tender for construction of 6 Nos. of Blocks (24 houses) for Srilankan Refugees Tamil Camp at Thappathi Village in Pudur Panchayat Union of Thoothukudi District and quash the same as illegal, arbitrary and consequently direct the 2nd and 3rd respondents to take appropriate steps to split the package tender and relax the hard and fast terms and conditions of the tender and issue fresh E-Tender in accordance with Table-II(1) of the Notification-I issued in G.O.Ms.No.203 Rural Development & Panchayat Raj (PR-1) Department dated 20.12.2007 and thereby providing employment opportunities to the contractors and labourers of the Pudur Panchayat Union within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G. Thalaimutharasu For R-1 to R-3 : Mr.Veerakathiravan, Additional Advocate General.

assisted by, Mr.M. Sarangan, Additional Government Pleader.

For R-4 : Mr.A. Baskaran, Additional Government Pleader.

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3 W.P.(MD)NO.15732 OF 2022

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General appearing for respondents 1 to 3 and the learned Additional Government Pleader appearing for the respondents.

2. The petitioner is the chairman of a local body. The petitioner challenges the impugned tender process on various grounds.

3. It is clarified by the learned Additional Advocate General that the tender works are to be carried out by utilising the state funds and not the panchayat funds. That apart, the tender notification was issued on 29.06.2022 and the tenders were opened on 15.07.2022. The writ petition itself has come up only today for admission but the tenders have already been opened. The petitioner's rights as a chairman of the local body will not in any way be infringed. I do not find any ground to interfere.

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4 W.P.(MD)NO.15732 OF 2022

4. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 20.07.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Commissioner, Rehabilitation and Welfare of Non-Resident Tamils Department, 4thFloor, Ezhillagam Annex Building, Chepauk, Chennai-600005.

2. The Secretary to Government, Rural Development &Panchayat Raj Department, Secretariat, St.George Fort, Chepauk, Chennai-600009.

3. The District Collector/Chairman, District Rural Development Agency (DRDA), Thoothukudi District, Thoothukudi.

4. The Block Development Officer, Pudur Panchayat Union, Pudur, Thoothukudi District.

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5 W.P.(MD)NO.15732 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15732 of 2022 20.07.2022 5/5