Jayanthi Contractors Rep By Its Proprietor v. The Senior Dcm

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.12352 of 2025 Jayanthi Contractors Rep by its Proprietor S.Jeyanthi.

... Petitioner Vs

1. The Senior DCM, Thiruchirapalli Division Commercial, Southern Railway, Thiruchirappalli District.

2. The Senior Divisional Finance Manager, Southern Railway, Thiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records of the impugned order pertaining to the E-auction BID Sheet conducted by respondents dated 28.04.2025 in catalogue No.TPJ/PRKG/25/7 for the lot No. PARKING -TPJ-TPJ-MX-94-25-1 held on 28.04.2025 and quash the same and consequently, 1/5

direct the respondent to return petitioner's EMD deposit amount for a sum of Rs.11,15,556/- for the cancelled Tender along with interest at the rate of 12% p.a. For petitioner : Mr.K.Dinesh For respondents :Mr.R.Murali Central Government Standing Counsel *****

ORDER

This Writ Petition is disposed of at the time of admission, after hearing the learned counsel for the petitioner and learned Central Government Standing Counsel for the respondents.

2. The petitioner appears to have participated in a tender that was floated on 11.04.2025. The petitioner appears to be the highest bidder. However, the contract appears to have not been awarded to the petitioner. The E-auction was also cancelled on 28.04.2024 and therefore, a fresh auction was conducted on 12.05.2025.

3. It is the case of the petitioner that the contract should be either awarded 2/5

to the petitioner or EMD amount paid should be refunded back to the petitioner, if the contract has not been awarded to him.

4. In this connection, the petitioner has given representations, dated 13.05.2025 and 28.05.2025. It has been stated in the impugned communication that this lot has been forfeiture. If the contract is not awarded to the petitioner, although the petitioner emerged as a highest bidder, the EMD should have been refunded back to the petitioner.

5. Considering the same, there shall be a direction to the respondents to re-consider the request of the petitioner, dated 13.05.2025 and 28.05.2025 within a period of two (2) weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 18.06.2025 Internet : Yes / No apd 3/5

To

1. The Senior DCM, Thiruchirapalli Division Commercial, Southern Railway, Thiruchirappalli District.

2. The Senior Divisional Finance Manager, Southern Railway, Thiruchirappalli District.

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C.SARAVANAN, J.

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