O.Ocha Thevar, v. The Executive Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.23767 of 2016 O.Ocha Thevar ... Petitioner Vs.

The Executive Engineer, Public Works Department, Water Resource Organization, Periyar Vaigai Basin Division, Madurai 625 002.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent herein to publish the tender notification for the maintenance work of Vaigai Dam Park, Garden, Channels and Electricity Supply etc., for 2016-17 and consequently, direct to furnish the tender schedule to the petitioner as per his representation, dated 18.10.2016 without secret allotment of tender to any third party.

For Petitioner : Mr.K.Appadurai For Respondent : Mr.C.Selvaraj Special Govt. Pleader

O R D E R

The petitioner seeks for a direction to the respondent to publish the tender notification for the maintenance work of Vaigai Dam Park, Garden, Channels and Electricity Supply etc., for 20162017 and consequently, furnish the tender schedule to the petitioner, as per his representation, dated 18.10.2016, without secret allotment of tender to any third party.

2. Mr.C.Selvaraj, the learned Special Government Pleader takes notice for the respondent and by consent of parties, the writ petition is taken up for disposal.

3. The only grievance of the petitioner is that the respondent has to assign the work referred to supra only by filing the tender process and not by any other mode.

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4. The learned Special Government pleader appearing the respondent fairly submitted that the respondent will certainly follow the procedure contemplated under the relevant Act to assign the work after inviting tenders, as and when such necessity arises. Therefore, he submitted that the apprehension of the petitioner is totally misconceived, apart from the fact that there is no specific allegation made by the petitioner in support of his apprehension.

5. Needless to say that when the respondent wants to assign some work as referred to in the writ petition, he has to certainly follow the procedure contemplated under Law and the relevant Act dealing with the tender process. As the learned Special Government Pleader has made such assurance, I do not think that the petitioner can have any further grievance. Accordingly, this writ petition is disposed of, by recording the above submission made by the learned Special Government Pleader. No costs. Sd/ Deputy Registrar(Judicial) /TRUE COPY/ Sub Assistant Registrar To The Executive Engineer, Public Works Department, Water Resource Organization, Periyar Vaigai Basin Division, Madurai 625 002.

+1cc to M/s.K.Appadurai, Advocate, in SR No.80149. +1cc to Special Government Pleader in SR.No.80270. W.P.(MD)No.23767 of 2016 08.12.2016 akv msm-mpa-em-sar2/02.01.17/p2/4c https://hcservices.ecourts.gov.in/hcservices/