IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.07.2017 CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.Nos.14904, 14140, & 14886 of 2017 & W.M.P.Nos.16144 & 16145, 15342 & 15343 and 16129 & 16130 of 2017 M/s.Current Electrical Ltd.
Rep. by its Executive Director Mr.M. Saravanan Survey No. 184/2 & 213 Thirumudivakam Vill (Near SIDCO) Sriperumbudur ,Kanchipuram District Chennai - 600 044 ... Petitioner in W.P.No.14904/2017 Lavanya Industries Rep by its Partner,P.R.Kannan 4A, Kuppuswamy Nagar Vanagaram, Chennai - 600 095 ... Petitioner in W.P.No.14140/2017 M/s.SPS Transformers P.Ltd Rep.by its General Manager K.R.Premkumr New No.1 Old No.7 Dr.B.N.Road, 1st Street T. Nagar Chennai 600 017 ... Petitioner in W.P.No.14886/2017 v.
1. The Chairman Tamil Nadu Electricity Board No.144, Anna Salai, Chennai - 600 002.
2 The Chief Engineer Material Management TANGEDCO, No. 144 Anna Salai Chennai 02. ... Respondents 1 & 2 in W.P.No.14904/2017
3 .The Chairman TANGEDCO No.144, Anna Salai Chenani - 600 002
4 The Chief Engineering material Management TANGEDCO 4th Floor, Western Wing NPKRR Maligai No.144, Anna Salai Chennai - 600 002 ... Respondents 1 & 2 in W.P.No.14886/2017
5 M/s.Supreme Power Equipment Pvt. Ltd.
Rep. by its Managing Director Mr.Vee.Rajmohan No.55, Sidco Industrial Estate Thirumazhisai, Chennai - 600 124
6. S.L. Electricals Rep. by its Prop.T.Srinivasan No.325, Odaman Nagar Vannagaram, Chennai - 95.
7. SAP Industries Rep. by its CEO, R.Harirajan Plot No.51, Industries Estate Thirumudivakkam, Chennai - 44.
8. Sarayu Engineering Rep. by its CEO R.Venkateswaran No.35, Padiyur Road Kulathur, Dindugal - 5.
9. Venkatewara Electrical Industries Pvt. Ltd. Rep. by its Managing Director A.Sivasubramani No.74, Kundrathur Road Porur, Chennai - 76
10. Bala Industries Rep. by its Managing Partner S.A.Arulselvam No.53, Multi Industrial Nagar Gerugumbakkam Chennai - 128
11. Hindustan Transformers Rep. by its Managing Partner, V.Ramesh No.37-B, Sidco Industries Estate Thirumazhisai Chennai 124.
12. EMMEESS Control Private Ltd Rep. by is MD Mr.Srinivasan Nos.90, 91, 92 Sidco Industrial Estate Thirumazhisai, Chennai
13. Sri Venkateswara Engineering Works Rep. by its Prop.Mr.D.Babu No.160, Snagaralingam street Gerugambakkam, Chennai 128
14. EVR Electrical Pvt. Ltd.
Rep. by its Director Elumalai No.64, Ponni Amman Nagar Ayanambakkam, Chennai - 05 ( R3 to R12 impleaded as per order dated 20.06.2017 in WMP Nos.167777, 16778, 16778 to 16793/2017)
15. M/s.IPL Products Rep. by its Proprietor ... Respondents 3 to 12 in W.P.No.14904/2017 ... Respondents 3 to 12 in W.P.No.14886/2017 Mr.A.Shanmuga Velayutham No.R-2, Industrial Estate Guindy, Chennai - 600 032. ... 13th Respondent in W.P.No.14886/2017
16. The Chairman TANGEDCO No.144, Anna Salai Chenani - 600 002
17. The Chief Engineering material Management TANGEDCO 4th Floor, Western Wing NPKRR Maligai, No.144, Anna Salai Chennai - 600 002
18. The Superintending Engineer Material Management II TANGEDCO 4th Floor, Western Wing NPKRR Maligai No.144, Anna Salai Chennai - 600 002
19. M/s.Supreme Power Equipment Pvt. Ltd. Rep. by its Managing Director Mr.Vee.Rajmohan No.55, Sidco Industrial Estate Thirumazhisai, Chennai - 600 124
20. S.L. Electricals Rep. by its Prop.T.Srinivasan No.325, Odaman Nagar Vannagaram, Chennai - 95.
21. SAP Industries Rep. by its CEO, R.Harirajan Plot No.51, Industries Estate Thirumudivakkam, Chennai - 44.
22. Sarayu Engineering Rep. by its CEO R.Venkateswaran No.35, Padiyur Road Kulathur, Dindugal - 5.
23. Venkatewara Electrical Industries Pvt. Ltd. Rep. by its Managing Director A.Sivasubramani No.74, Kundrathur Raod Porur, Chennai - 76
24. Bala Industries Rep. by its Managing Partner S.A.Arulselvam No.53, Multi Industrial Nagar Gerugumbakkam Chennai - 128
25. Hindustan Transformers Rep. by its Managing Partner, V.Ramesh No.37-B, Sidco Industries Estate Thirumazhisai Chennai 124...
( R3 to R10 impleaded as per order dated 20.06.2017 in WMP Nos.16779 & 16780/2017)
26. M/s.Senthil Engineering Company Rep. by its Manager MR.E.Ayyanar New No.75-B, Kundrathur Raod Porur, Chennai - 600 116.
( R11 impleaded as per order dated 29.06.2017 in WMP Nos.17732 & 17783 /2017) ... Respondents 1 to 11 in W.P.No.14140/2017 Writ Petition No.14904/2017 filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to open Envelop - B (price bid) of the petitioner submitted for supply of energy efficiency in response to specifications numbers M-15/16-17, M-16/16-17, M-18 M-19/16-17, M-22/16-17 and M-23/16-17, dated 20.01.2017 to 07.02.2017 and to place purchase orders for supply of transformers.
Writ Petition No.14140/2017 filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to open Envelop - B (price bid) of the petitioner submitted for supply of energy efficiency in response to specifications numbers M-15, M-26, M-18, M-19, M-23 and M-22/16-17, d and to place purchase orders for supply of transformers.
Writ Petition No.14886/2017 filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to open Envelop - B (price bid) of the petitioner submitted for supply of energy efficiency in response to specifications numbers M-15/16-17, M-16/16-17, M-19/16-17, M-22/16-17 and M-23/16-17, dated 23.01.2017 to 07.02.2017 and to place purchase orders for supply of transformers.
For Petitioners : Mr.P.S.Raman, Sr. Counsel For Mr.R.Sivaraman (All WPs) For Respondents : Mr.Yashod Vardhan, Sr. Counsel Mr.S.K.Rameshwar, Standing Counsel for R1 & R2 in W.P.Nos.14904 & 14886/17 & R1 to R3 in W.P.14886/17 Mr.P.Soloman Francis for R3 to R9 & R11 & R12 in W.P.Nos.14904 & 14886/2017 & R4 to R11 in W.P.1410/2017 Mr.V.Raghavachari for Mr.J.Srinivasan- for R10 in W.P.Nos.14904 & 14886/2017 COMMON ORDER When the matters are taken up for hearing, Mr.Yashod Vardhan, learned Senior Counsel appearing for the TANGEDCO, submitted that TANGEDCO had decided to withdraw the tender notifications issued on various dates, which are subject matter in the present writ petitions. The learned Senior Counsel, Material Management, TANGEDCO, also made an endorsement to that effect in the writ petitions.
2. However, Mr.V.Raghavachari, learned counsel appearing for the 10th respondent in W.P.Nos.14904 & 14886 of 2017 submitted that even the regular bidders have submitted their bids quoting very same price and also submitted that they are submitting their bids for more than 15 years.
3. Since the learned Senior Counsel appearing for the TANGEDCO has submitted that the TANGEDCO had decided to withdraw the notifications, the TANGEDCO is permitted to withdraw the notifications issued and issue fresh notification calling for tenders.
4. Since the notifications are withdrawn by TANGEDCO, I do not find any reason to keep the writ petitions filed by the petitioners pending. Accordingly, the writ petitions are dismissed as infructuous, leaving the issues involved in the writ petitions open and it is for the parties to adjudicate the issues as and when required. No costs. Consequently, connected miscellaneous petition is also dismissed.
28.07.2017 Index : Yes/No Note : Issue order copy by 02.08.2017 Rj M. DURAISWAMY,J.
Rj W.P.Nos.14904, 14140, & 14886 of 2017 & W.M.P.Nos.16144 & 16145, 15342 & 15343 and 16129 & 16130 of 2017 28.07.2017