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Madras High CourtWP(MD)/25858/2023allowed

Veerasekar.B v. The Superintending Engineer (H)

2023-10-20Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN B.Veerasekar ... Petitioner Vs.

1.The Superintending Engineer (H), Construction and Maintenance, Highways Department, Trichy - 20.

2.The Divisional Engineer, Quality Control, Construction and Maintenance, Highways Department, Trichy - 20.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to to consider the petitioner's representation dated 14.10.2023 to opening the Tender Cover as per the Sec.8 of the Tamil Nadu Transparency in Tenders Act, 1998 and disclose the number of 1/5

participants and their rank and declare the successful bidder in the Tender Notice No.23/2023-2024-HDO, Dated 10.08.2023, Highways Department, Trichirapalli Circle and Tender id is 2023-HWAY-36147-1. For Petitioner : Mr.S.Senthil Kumar For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents.

2. The first respondent issued tender notification on 10.08.2023 for the following works:

"Widening, Strengthening Including Reconstruction of Culvert and Construction of Retaining Wall works in Government Roads in respect of Mannargudi (H) C&M Sub Division. (TRY-75)"

The petitioner was one of the participants. He was successful in the technical bid. The technical bids were opened on 27.09.2023. 2/5

3. The grievance of the petitioner is that till date the price bid has not been opened. In these matters, the authority must not unnecessarily delay the finalising of the process. That would give rise to the needless suspicion.

4. When the matter was taken up for hearing, the learned Special Government Pleader submitted that the price bid is to be opened on 27.10.2023 at 03.00 p.m in the office of the first respondent. The first respondent will adhere to Section 8 of the Tamil Nadu Transparency in Tenders Act, 1998.

5. This writ petition is allowed accordingly. There shall be no order as to costs.

20.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/5

To 1.The Superintending Engineer (H), Construction and Maintenance, Highways Department, Trichy - 20.

2.The Divisional Engineer, Quality Control, Construction and Maintenance, Highways Department, Trichy - 20.

4/5

G.R.SWAMINATHAN, J.

MGA 20.10.2023 5/5