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Madras High CourtWP(MD)/3910/2018dismissed as infructuous

Tamilnadu Highways Department v. State Of Tamilnadu,Rep.By Its

2020-09-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P(MD)No.4061 of 2018 Tamil Nadu Highways Department Contractors Welfare Association, Regd.No.189/1996, No.29/15B, Railway Colony, 2nd Street, Nelson Manickam Road, Chennai-600 029, rep. by its President, K.Mohan.

... Petitioner Vs.

1.State of Tamil Nadu rep. by its Secretary to Government, Highways Department, Secretariat, Chennai-600 009.

2.The Chief Engineer (General), Construction and Maintenance, Highways, Guindy, Chennai.

3.The Superintending Engineer, Highways (C&M), Tirunelveli.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioner dated 08.02.2018 and to separate the works mentioned in the Tender Notice No.11/2017-18/D1 dated 22.01.2018 on the file of the 3rd respondent into different categories and call for the fresh tender to enable all the contractors to participate in the tender till such time direct the 3rd respondent not to proceed with the tender notification in Tender Notice No.11/2017-18/D1 dated 22.01.2018.

For Petitioner : Mr.V.Kannan for Mr.S.Doraisamy For Respondents : Mr.C.Ramesh Special Government Pleader 1/3

O R D E R

This writ petition is filed to direct the respondents to consider and pass orders on the representation of the petitioner dated 08.02.2018 and to separate the works mentioned in the Tender Notice No.11/2017-18/D1 dated 22.01.2018 on the file of the 3rd respondent into different categories and call for the fresh tender to enable all the contractors to participate in the tender till such time direct the 3rd respondent not to proceed with the tender notification in Tender Notice No.11/2017-18/D1 dated 22.01.2018. 2.Heard Mr.V.Kannan, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.

3.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents submitted that the prayer in the writ petition has become infructuous as the tender was opened and the work order was issued and the said road work was also completed and nothing survives for adjudication in this writ petition.

4. In view of the above, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) am Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Government, Highways Department, Secretariat, Chennai-600 009.

2.The Chief Engineer (General), Construction and Maintenance, Highways, Guindy, Chennai.

2/3

3.The Superintending Engineer, Highways (C&M), Tirunelveli.

+1 CC to M/s.GP ( SR-18466[F] dated 30/09/2020 ) 29.09.2020 SR(CO) KK(08.10.2020) 3P 5C 3/3