Jayasingh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD)No.22093 of 2025 Jayasingh ... Petitioner Vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.Director of Town Panchayat, Commissionerate of Town Panchayats, 7th and 8th Floor, Urban Administrative Office Campus, Chennai - 600 028.

3.Assistant Director of Town Panchayat, Pazhugal Town Panchayat, Nagercoil Zone, Kanyakumari District.

4.The Tender Inviting Authority, Palukal Town Panchayat, Kanyakumari District.

5.Mathias Saji

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to conduct enquire to investigate the discrepancy in the Tender Bid, and to conduct a fresh fair tender bid, valuate the tender candidate with fairness and to award the tender to the eligible contractor, by following the due process of law, within stipulated time may be fixed by this Court. For Petitioner : Mr.R.Jeya Revathy For R1 to R4 : Mr.D.Ghandiraj Special Government Pleader

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the respondents to consider the petitioner's representation dated 29.07.2025.

2. The petitioner appears to have participated in the tender floated by the fourth respondent, pursuant to which an auction was held on 30.05.2025. It is the specific case of the petitioner that the third and

fourth respondents have awarded the contract to the fifth respondent ignoring Clause 4.1(A)(1) of the IFB (Invitation for Bid) in the aforesaid tender notification. It is submitted that irregularities have been committed and therefore the first respondent may be directed to enquire and give a report to the petitioner to work out the remedy.

3. As a matter of fact, the petitioner has an alternative remedy by way of appeal before the appellate authority under Section 11 of the Tamil Nadu Transparency in Tender Act, 1988. Considering the same, there is no scope for granting any relief to the petitioner. However, it is open for the petitioner to get suitable information from the office of the official respondents under the provisions of RTI and thereafter file an appeal before the appellate authority in terms of Section 11 of the said Act. The appeal may be filed by the petitioner within a period of 30 days from the date of receipt of this order. Parallelly, the petitioner may pursue the remedy with the respondents under the RTI for suitable information.

4. With the above direction, this Writ Petition stands disposed of. No costs.

12.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn

To 1.The District Collector, Nagercoil, Kanyakumari District. 2.Director of Town Panchayat, Commissionerate of Town Panchayats, 7th and 8th Floor, Urban Administrative Office Campus, Chennai - 600 028.

3.Assistant Director of Town Panchayat, Pazhugal Town Panchayat, Nagercoil Zone, Kanyakumari District.

4.The Tender Inviting Authority, Palukal Town Panchayat, Kanyakumari District.

C.SARAVANAN, J.

pnn W.P(MD)No.22093 of 2025 Dated: 12.08.2025