K.Manikandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.23284 of 2024 K.Manikandan ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Executive Officer, Kaliyakkavilai Selection Grade Town Panchayat, Kanyakumari District.

3.The Assistant Executive Engineer, District Grade Town Panchayats, Kanyakumari District, Nagercoil.

4.Pushpalatha ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to open the online tender, scrutinize the documents submitted by the Tenderers by following the Act and Rules of Tender Transparency Act, in the presence of the 1st respondent to monitor the tender process of the 2nd respondent in proceedings Na.Ka. No.715/2023/A1 dated 10.10.2024.

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For Petitioner : Mr.C.Bharathi For Respondents : Mr.T.Amjad Khan (R1 & R3) Government Advocate Mr.R.Sureshkumar (R2) Additional Government Pleader

ORDER

Mr.T.Amjad Khan, learned Government Advocate takes notice for the respondents 1 and 3. Mr.R.Sureshkumar, learned Additional Government Pleader takes notice for the second respondent. Considering the nature of the limited scope of the relief sought for in this writ petition, notice to the fourth respondent is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the respondents to open the online tender, scrutinize the documents submitted by the Tenderers by following the Act and Rules of Tender Transparency Act, in the presence of the 1st respondent to monitor the tender process of the 2nd respondent in proceedings Na.Ka. No.715/2023/A1 dated 10.10.2024."

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3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. This Court is of the view that there will not be any difficulty for the first respondent to monitor the tender process of the 2nd respondent in proceedings Na.Ka. No.715/2023/A1 dated 10.10.2024.

5. Considering the limited scope of relief sought for in this writ petition, this Court hereby directs the first respondent to monitor the tender process of the 2nd respondent in proceedings Na.Ka. No.715/2023/A1 dated 10.10.2024.

6. With the above direction, the Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 15.11.2024 NCC : Yes / No Index : Yes / No Sm Note: Issue order copy on 15.11.2024.

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L.VICTORIA GOWRI, J.

Sm TO:- 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Assistant Executive Engineer, District Grade Town Panchayats, Kanyakumari District, Nagercoil.

Order made in Dated 15.11.2024 4/4