Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents.
2.The main contention of the learned counsel appearing on behalf of the petitioner is that the respondents cannot call for a fresh tender, when the representation submitted by the petitioner, relating to earlier tender, had not been disposed of, on merits and in accordance with law. He had also submitted that the cancellation of the tender awarded in his favour, by the order of the first respondent, dated 29.04.2010, is erroneous and unsustainable in the eye of law. However, it is noted that the said order, cancelling the tender granted in favour of the petitioner, had not been challenged, till date. The tender notification, dated 09.12.2010, is only consequential in nature, since, the tender granted in favour of the petitioner, earlier, had been cancelled by the first respondent, by his order, dated 29.04.2010.
3. The learned counsel appearing on behalf of the respondents had submitted, on instructions, that it would be open to the petitioner to participate in the tender process, pursuant to the tender notification, dated 09.12.2010, if he is so advised. However, the petitioner does not have any right to challenge the tender notification, dated 09.12.2010, without challenging the order passed by the first respondent, on 29.04.2010.
4.In view of the averments made by the learned counsels appearing on behalf of the petitioners as well as the respondents, this court is of the considered view that the petitioner, has not shown sufficient cause or reason, to grant the reliefs as prayed for by the petitioner, in the present petition. It is not open to the petitioner to challenge the tender notification, dated 09.12.2010, without challenging the earlier order of the first respondent, dated 29.04.2010, cancelling the tender granted in favour of the petitioner. As such, this petition is devoid of merits. No costs. Consequently, connected Miscellaneous Petition is closed. However, it would be open to the petitioner, to participate in the tender process, pursuant to the tender notification, dated 09.12.2010, if he is eligible, as per law.
Index:Yes/No 22.12.2010 Internet:Yes/No arr To
1.The Zonal Officer Zonal Office-VII, Corporation of Chennai, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034
2.The Executive Engineer, Zonal Office -VII, Corporation of Chennai, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 600 034 M.JAICHANDREN,J.
arr Writ Petition No.29102 of 2010 22-12-2010