L.Anbuselvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2017

CORAM:

THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD).No.4297 of 2017 and W.M.P(MD)Nos.3461 & 3462 of 2017 L.Anbuselvam : Petitioner Vs.

1.The District Collector, Office of the District Collector of Ramnad, Ramnad District.

2.The District Revenue Officer, Office of the District Revenue Officer of Ramnad, District Collector Office Campus, Ramnad.

3.The Tahsildar, Office of the Tahsildar of Paramakudi Taluk, Paramakudi. 4.The Sub-Collector, Office of the Sub-Collector of Ramnad, District Collector Office Campus, Ramnad.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in pursuance to publication of the public tender notice issued by the respondent No.3 signed on 20.02.2017 in respect of the tender for the work of removal of Karuvelam trees within Paramakudi Taluk and quash the same and consequentially conduct tender afresh.

For Petitioner : Mr.C.Veera Kathiravan Senior Counsel for M/s.Veera Associates For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

********** [Order of the Court was made by The Hon'ble The Acting Chief Justice] Heard the learned Senior Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents.

2. Challenging the tender notice issued by the respondent No.3 signed on 20.02.2017 in respect of the tender for the removal of babul trees within Paramakudi Taluk, the petitioner has come up with this Writ Petition.

3. The case of the petitioner is that in respect of removal of babul trees in Ramnad District, tender notice was published in Tamil Daily dated 01.02.2017. The petitioner approached the office of the third respondent to participate in the tender process. However, the third respondent adjourned the tender to 27.02.2017. The petitioner, on 27.02.2017, appeared before the third respondent and raised objections pointing out the irregularities in the above tender. Since no action has been taken, the petitioner is before this Court with this Writ Petition.

4. Mr.M.Govindan, learned Special Government Pleader, on instructions, submitted that the tender was called for, as scheduled and tender process has been completed and the successful bidder has been awarded the tender for removal of babul Trees.

5. We find that the petitioner has not established that he was a participant in the tender and that he had submitted his bid in terms of the tender condition. The averment that the petitioner was prevented from participating in the tender process has not been substantiated. Since the tender process having already been completed and the tender having been awarded to a third party, challenge made by the petitioner cannot be maintained at this juncture, that too, as a Public Interest Litigation, when admittedly, the petitioner was not able to establish that he is a participant in the said tender. Thus, we do not find any merit in the Writ Petition.

6. In the result, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar

To 1.The District Collector, Office of the District Collector of Ramnad, Ramnad District.

2.The District Revenue Officer, Office of the District Revenue Officer of Ramnad, District Collector Office Campus, Ramnad.

3.The Tahsildar, Office of the Tahsildar of Paramakudi Taluk, Paramakudi.

4.The Sub-Collector, Office of the Sub-Collector of Ramnad, District Collector Office Campus, Ramnad.

+1 CC to M/s.VEERA ASSOCIATES, SR No. 14594 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 15066 NB PSM/SKN-RSK/22.03.2017/3P/7C ORDER MADE IN W.P.(MD).No.4297 of 2017 and W.M.P(MD)Nos.3461 & 3462 of 2017 14.03.2017