Madras High CourtWP(MD)/22289/2022disposed of

Somasundaram .M v. The District Collector/ Chairman

2022-09-21Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN M.Somasundaram ..Petitioner Vs 1.The District Collector/Chairman, District Rural Development Agency, Madurai District, Madurai.

2.The Block Development Officer (Village Panchayat), Block Panchayat Union, Thiruparangundram, Madurai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to issue tender schedule of documents to the petitioner as per the second respondent's tender notice vide Na.Ka.No.2689/2022/Thi5, dated 09.09.2022 under the scheme of All Village Anna Marumalarchi Thittam-II-2022-23 for the works mentioned in the tender notice in serial numbers 8,9,10,11,12,13,14,15,16,23,24,25 and 26 based on the petitioner's representation dated 16.09.2022. For Petitioner :Mr.Raja Karthikeyan For R1 :Mr.D.Gandhiraj Special Government Pleader For R2 :Mr.D.S.Nedunchezhiyan 1/5

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to issue tender schedule of documents to the petitioner as per the second respondent's tender notice vide Na.Ka.No.2689/2022/Thi5, dated 09.09.2022 under the scheme of All Village Anna Marumalarchi Thittam-II-2022-23 for the works mentioned in the tender notice in serial numbers 8,9,10,11,12,13,14,15,16,23,24,25 and 26 based on the petitioner's representation dated 16.09.2022. 2.Heard Mr.Raja.Karthikeyan, learned counsel appearing for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader and Mr.D.S.Nedunchezhiyan, learned counsel, who takes notice for the respondents 1 & 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.

The Petitioner's case is that he came to know about the ternder notice on 16.09.2022 from the office staff of the second respondent. As per the tender notice, last date for obtaining tender schedule of documents up to 04.00 p.m., of 21.09.2022, the last date for submission of tender schedule documents is 22.09.2022 up to 04.00 p.m. Hence, immediately the petitioner had given representation on 16.09.

numbers 8,9,10,11,12,13,14,15,16,23,24,25 and 26 in the tender notice. The second respondent has directed the petitioner to come on 19.09.2022. The petitioner submits that the second respondent directed the petitioner to meet Chairman, Block Panchayat Union, Thiruparangundram, Madurai District with regard to the issuance of tender schedule documents for the above mentioned works as the petitioner requested in his representation. He was not able to meet the Chairman, hence, once again he made request in person before the second respondent, but his request was rejected without any legal valid reasons and hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

4. The learned Special Government Pleader appearing for the first respondent produced a letter of the Block Development Officer, Thiruparangundram written to the Government Advocate and submitted that the second respondent has issued notice to 70 persons, who are all the registered contractors, and they are ready to provide tender schedule documents on 21.09.2022. If the petitioner is not receiving the same, he shall come and collect the same from the second respondent.

5. In view of the submission made by the learned Special Government Pleader appearing for the first respondent, this Court directs 3/5

the petitioner to approach the second respondent/The Block Development Officer (Village Panchayat), Thiruparangundram in person and collect the tender schedule of documents and thereafter, submitting the same on 22.09.2022 before 04.00 p.m. After submitting the application, the second respondent shall consider the application and allow the petitioner to participate in the tender.

6.With the above directions, the Writ Petition stands disposed of. No costs.

21.09.2022 Index : Yes/No Internet:Yes/No am Note: Issue order copy on 21.09.2022 To 1.The District Collector/Chairman, District Rural Development Agency, Madurai District, Madurai.

2.The Block Development Officer (Village Panchayat), Block Panchayat Union, Thiruparangundram, Madurai District.

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V.BHAVANI SUBBAROYAN,J am 21.09.2022 5/5