Madras High CourtWP(MD)/26880/2024dismissed as infructuous

Vijay Durgambiga Construction v. The Superintending Engineer

2024-11-13Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)Nos.22775 & 22776 of 2024 Vijay Durgambiga Construction, Represented by its Partner, N.Manoj, S/o.E.Natarajan, 4D, Ramalingar Street, Vannarpettai, Tirunelveli District - 3.

... Petitioner Vs.

1.The Superintending Engineer, Highways Department Construction and Maintenance Circle, Tirunelveli Circle, 2.The Divisional Engineer, Highways Department Construction and Maintenance Circle, Tirunelveli Division, 1/4

3.The Divisional Engineer (Highways), Quality Control Division, 4.The Assistant Divisional Engineer (Highways), Quality Control Division, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Letter No.TNV66/ 2023-24/V1 dated 22.10.2024 on the file of the first respondent and quash the same as illegal and consequently for a direction directing the first respondent to award work of TNV 66 Strengthening at Km 51/0-54/4 of Alwarthiunagari - Nazareth - Sathankulam - IttamozhiVallioor Road to petitioner within the time frame stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy Senior Counsel for Mr.M.Mahaboob Fazil For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.S.Kameswaran Government Advocate

ORDER

This Writ Petition has been filed challenging the impugned order in Letter No.TNV66/ 2023-24/V1 dated 22.10.2024 on the file of the first 2/4

respondent and consequently for a direction directing the first respondent to award work of TNV 66 Strengthening at Km 51/0-54/4 of Alwarthiunagari - Nazareth - Sathankulam - Ittamozhi- Vallioor Road to petitioner.

2.Heard the learned counsel on either side and carefully perused the entire materials available on record.

3.Challenging the rejection of tender, this Writ Petition came to be filed. However, in the meanwhile, the tender has been awarded to some other person and work has also been commenced. 4.In view of the same, liberty to challenge the work order, this Writ Petition dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

L.VICTORIA GOWRI , J.

MGA To 1.The Superintending Engineer, Highways Department Construction and Maintenance Circle, Tirunelveli Circle, 2.The Divisional Engineer, Highways Department Construction and Maintenance Circle, Tirunelveli Division, 3.The Divisional Engineer (Highways), Quality Control Division, 4.The Assistant Divisional Engineer (Highways), Quality Control Division, 13.11.2024 4/4