Ganesan. P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP (MD)No.29055 of 2022 and WMP(MD)No.23034 of 2022 P.Ganesan ... Petitioner vs.

1.The District Collector, Madurai District.

2.The Assistant Director of Panchayat, Department of Rural Development and Panchayatraj, Madurai District.

3.The Block Development Officer, Office of the Thiruparankundram Union Office, Madurai District.

4.Leo Construction, 7/1, Chekkadi Street, PTR Rajan 6th Road, Narimedu, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents 1 to 3 to cancel the tender bid submitted by the fourth respondent violating the tender conditions by the third respondent.

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For Petitioner : Mr.S.Ramsundarvijayaraj For Respondents : Mr.M.Lingadurai, Special Government Pleader for R1 to R3

ORDER

Heard the learned counsel on either side.

2.The petitioner and the fourth respondent are eligible bidders for the petition mentioned contract. It is not in dispute that the fourth respondent is L1. The petitioner's tender amount was lower. The petitioner would allege that before closing tender time, EMD was submitted by the fourth respondent. But the officials who instructed the Special Government Pleader submitted that EMD was paid by the fourth respondent well in time. This Court cannot go into the disputed facts. There is nothing on record to show that the fourth respondent has not paid the EMD in time. The writ petition stands dismissed. No costs. Connected miscellaneous petition also stands dismissed.

23.12.2022 Index : Yes / No Internet : Yes/ No SKM 2/4

To 1.The District Collector, Madurai District.

2.The Assistant Director of Panchayat, Department of Rural Development and Panchayatraj, Madurai District.

3.The Block Development Officer, Office of the Thiruparankundram Union Office, Madurai District.

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G.R.SWAMINATHAN, J.

skm WP (MD)No.29055 of 2022 and WMP(MD)No.23034 of 2022 23.12.2022 4/4