Madras High CourtWP(MD)/14386/2016dismissed as infructuous

N.Kannan, Proprietor, v. The Superintending Engineer,

2017-06-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.14386 of 2016 and W.M.P.(MD)Nos.10651 of 2016 and 14112 of 2016 N.Kannan : Petitioner -VsThe Superintending Engineer, Public Works Department, Water Resource Development, Periyar Vaigai Basin Circle, Madurai.

: Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent herein to permit the petitioner herein to participate in the opening of bid scheduled on 09.08.2016 at 12.00 hours along with bidding documents in respect of "Rehabilitation and Improvement of Vaigai Dam of Andipatti Taluk of Theni District under Drip - Renewal and Replacement of River Sluice Shutter No.3, 6 & 7 and repairs to spillway gate and Hoisting arrangement of spillway gate 1 to 7 Nos at Vaigai dam in Theni District, under DRIP" and consequently, direct the respondent herein to consider the bidding documents of the petitioner on merit and in accordance with law. For Petitioner : Mr.K.Appadurai For Respondent : Mr.A.Muthukaruppan, Additional Government Pleader **********

O R D E R

The present Writ Petition is filed for issuance of a Writ of Mandamus, directing the respondent herein to permit the petitioner to participate in the opening of bid scheduled on 09.08.2016 at 12.00 hours along with bidding documents in respect of "Rehabilitation and Improvement of Vaigai Dam of Andipatti Taluk of Theni District under Drip - Renewal and Replacement of River Sluice Shutter No.3, 6 & 7 and repairs to spillway gate and Hoisting arrangement of spillway gate 1 to 7 Nos at Vaigai dam in Theni District, under DRIP" and consequently, direct the respondent herein to consider the bidding documents of the petitioner on merits and in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Government Pleader, on instructions, would submit that the petitioner has also participated in the opening of the bid and, therefore, nothing survives in the Writ Petition.

3. The learned counsel for the petitioner would submit that totally three bidders participated in the tender, however, the respondent has not declared the bid amount of the petitioner, which is lower than the other bidders.

4. Considering the prayer sought for in the Writ Petition and the submission of the learned Additional Government Pleader, the Writ Petition is dismissed as infructuous. However, the petitioner is at liberty to file a fresh Writ Petition, if he is aggrieved by the finalization of the tender. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To The Superintending Engineer, Public Works Department, Water Resource Development, Periyar Vaigai Basin Circle, Madurai.

+1CC to M/S.K.Appadurai, Advocate, SR.No. 58255 +1CC to the Special Government Pleader SR.No. 58553 Order made in W.P.(MD)No.14386 of 2016 Dated: 02.06.2017 SML AM/JC/SAR 2/12.06.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/