R.Ganesan, S/O.Ramaiah Thevar, v. The Director,Rural Development
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2017 CORAM :
THE HON'BLE MR.JUSTICE T.RAJA W.P(MD) No.8815 of 2017 and W.M.P.(MD) No.6765 of 2017 R.Ganesan ... Petitioner -vs1.
The Director, Rural DEvelopment and Panchayat Raj Department, Chennai.
2.
The District Collector/Chairman, District Rural Development Agency, Pudukkottai.
3.
The Project Director, District Rural Development Agency, Pudukkottai.
4.
The Executive Engineer (RD), District Rural Development Agency, Pudukkottai.
5.
A.G.Sethuraman .... Respondents Prayer: Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents 2 and 3 to accept the Tender Schedule Form submitted by the petitioner for the works covered in re-tender THAI-II-2016-17 Road Thirumayam Block Pack-6 and retender THAI-II-2016-17 Basic Thirumayam Block Pack-6 in re-tender notification dated 16.04.2017 and scrutiniz the same without insisting the production of Plant and Equipment Certificate issued by the 4th Respondent and finalize the tender process in accordance with law.
For Petitioner : Mr.C.Mahendran For Mr.P.Arun Jayatram For R1 to R4 : Mr.C.Selvaraj Spl. Govt. Pleader
O R D E R
This writ petition has been filed, seeking a Writ of Mandamus, directing the Respondents 2 and 3 to accept the Tender Schedule Form submitted by the petitioner for the works covered in re-
tender THAI-II-2016-17 Road Thirumayam Block Pack-6 and re-tender THAI-II-2016-17 Basic Thirumayam Block Pack-6 in re-tender notification dated 16.04.2017 and scrutiniz the same without insisting the production of Plant and Equipment Certificate issued by the 4th Respondent and finalize the tender process in accordance with law.
2. When the matter was taken up for hearing, learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the relief sought for by the petitioner has become infructuous, since the highest bidder has been declared on 02.05.2017, by rejecting the case of the petitioner, on the ground that he has failed to produce the plant and machinery certificate.
3. Learned counsel for the petitioner would contend that though the petitioner has already submitted an application to the 4th respondent for issuance of the said certificate before 24.03.2017, enabling the petitioner to take part in the auction on 02.05.2017, the same was not issued to him on or before the said date and therefore, the rejection on the said ground is highly arbitrary.
4. Be that as it may, tender has already been awarded to the highest bidder and the petitioner has to challenge the same by raising all the points, which were canvassed before this Court in this petition. Therefore, this Court has no other option, but to dismiss this petition.
5. At this juncture, learned counsel for the petitioner would submit that rejection order has not been furnished to the petitioner so far. Though learned Special Government Pleader sought two weeks' time to furnish the same, two days' time from the date of receipt of a copy of this order is granted to the respondents to provide a copy of the rejection order to the petitioner by registered post.
6. In this result, this petition is dismissed, granting liberty to the petitioner to challenge the order of rejection, after receipt of a the copy of the same. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar
To:
1.
The Director, Rural DEvelopment and Panchayat Raj Department, Chennai.
2.
The District Collector/Chairman, District Rural Development Agency, Pudukkottai.
3.
The Project Director, District Rural Development Agency, Pudukkottai.
4.
The Executive Engineer (RD), District Rural Development Agency, Pudukkottai.
+1cc to Special Government Pleader, SR.No. 56483 +1cc to M/S.P.Arun Jayatram, Advocate SR.No. 56447 W.P(MD) No.8815 of 2017 11.05.2017 JM/MMS/SAR 3/17.05.2017/3P/7C