Madras High CourtWP(MD)/16599/2019disposed of

Murugaperumalsamy v. The Executive Engineer

2019-07-29Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD) 16599/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16599 of 2019 Murugaperumalsamy ... Petitioner -VsThe Executive Engineer, TWAD Board Project Division, Virudhunagar District, Virudhunagar.

... Respondent Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to issue the tender schedule to the petitioner to enable him to participate in the tender as per the notification dated 16.07.2019, issued by the respondent forthwith. For Petitioner : Mr.P.Subbaraj For Respondents : Mr.Porkodi Karnan, standing counsel

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to issue the tender schedule to the petitioner to enable him to participate in the tender as per the notification dated 16.07.2019, issued by the respondent forthwith. 2.Heard Mr.P.Subbaraj, learned counsel appearing for the petitioner and Ms.Porkodi Karnan, learned standing counsel appearing for the respondent.

3.The grievance of the petitioner is that, with regard to the notification issued dated 16.07.2019 by the respondent TWAD board to undertake the work at Virudhunagar District, the tender schedule form has not been given to the petitioner, despite the payment made by the petitioner. Therefore, the petitioner seeks indulgence of this Court by way of mandamus in this writ petition. 4.However, the learned standing counsel appearing for the respondent, on instruction, would submit that, actually, the original last date of submission of the filled tender schedule form has subsequently been extended by notification dated 23.07.2019, under which, the following schedule has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) 16599/2019 prescribed:

"1.Period of sale of bid documents: Up to 5.45 P.M on 5.8.2019 2.Last date for receipt of tenders : Up to 3.00 P.M on 07.08.2019 3.Opening of tenders : At 3.30 P.M on 07.08.2019." 5.In view of the same, the petitioner or any other willing contractor can have the tender schedule form from the office of the respondent till 05.08.2019 at 5.45 P.M and the filled up tender forms can be submitted till 3.00 P.,M on 07.08.2019. 6.The learned standing counsel appearing for the respondent would further submit that, the petitioner has never turned up to get the tender schedule form and therefore, if the petitioner approaches the respondent and paying necessary fee to get the tender schedule form, the same shall be immediately given to the petitioner.

7.The said stand taken by the respondent and also the notification extending the dates for giving the tender schedule forms and get back the filled tender schedule form is recorded and by recording the same, this Court observed that, once the petitioner approaches the respondent before the cut off date as per the extended schedule to get the tender schedule form with relevant documents and necessary fees, the tender schedule form shall be given to the petitioner forthwith.

8.With this observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) Arul +1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-78430[F] dated 30/07/2019 ) Order made in W.P.(MD)No.16599 of 2019 Dated:

29.07.2019 KM/(13.09.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2