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Madras High CourtWP(MD)/3260/2017disposed of

K.Jeyakumar Thanasingh, v. The Superintending Engineer

2017-02-24Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.3260 of 2017 and W.M.P(MD)No.2598 of 2017 K.Jeyakumar Thanasingh ... Petitioner Vs.

1)The Superintending Engineer (H), C & M, (High ways), Tirunelveli Circle, Tirunelveli-2.

2)The Divisional Engineer(Highways), Quality Control, Tirunelveli-2.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue a working condition certificate on the basis of the petitioner application dated 08.02.2017 on or before 28.02.2017 and consequently direct the 1st respondent to permit the petitioner to participate in the tender as per his notification in Tender Notice No.5/2016-17/D1 dated 19.01.2017 and Tender Notice No.7/2016-17/D1 dated 27.01.2017 pending the decision of the 2nd respondent to issue a working condition certificate.

For Petitioner : Mr.V.Karuna For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

ORDER

Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents. By consent of parties, the main writ petition itself is taken up for final disposal. 2.The petitioner seeks for a direction to the 2nd respondent to issue working condition certificates based on his application dated 08.02.2017, for the purpose of participating in the tender in pursuant to the tender notification in Tender Notice No.5/2016-17/D1 dated 19.01.2017 and Tender Notice No.7/2016-17/D1 dated 27.01.2017. https://hcservices.ecourts.gov.in/hcservices/ 3.The grievance of the petitioner is that even though he made such a request on 08.02.2017 itself, the 2nd respondent has not

considered the same and issued the certificates. It is stated that since the last date for receipt of the tender falls on 27.02.2017, unless the certificates are issued to the petitioner, he cannot take part in the tender process.

4.Considering the abovestated facts and circumstances, this Writ Petition is disposed of by directing the 2nd respondent to consider the application of the petitioner dated 08.02.2017 after making local inspection and pass appropriate orders on the application of the petitioner on or before 26.02.2017 and communicate the same to the petitioner immediately. No costs. Consequently, W.M.P(MD)No.2598 of 2017 is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS) To 1)The Superintending Engineer (H), C & M, (High ways), Tirunelveli Circle, Tirunelveli-2. 2)The Divisional Engineer(Highways), Quality Control, Tirunelveli-2.

+1cc to Mr.V.KARUNA, Advocate in SR.10652 W.P(MD)No.3260 of 2017 24.02.2017 nbi SH/PM/SAR-3:24.02.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/