IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No. 3477 of 2011 M.P.Nos.2 & 3 of 2011
G.Lawrence .. Petitioner Vs.
1. The District Collector, Kancheepuram District, at Kancheepuram.
2. The Director of Town Panchayat, Kuralagam, Chennai – 600 108.
3. The Deputy Director of Town Panchayat, Kancheepuram Zone, Kancheepuram, Kancheepuram District.
4. The Executive Officer, Madambakkam Town Panchayat, Tambaram Taluk, Chennai – 600 126. Kancheepuram District.
5. The President, Madambakkam Town Panchayat, Tambaram Taluk, Chennai – 600 126.
6. M.Sakthivel .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the meeting No.2/2011 dated 04.02.2011 and quash the subject 10 in respect of
Serial Nos.40 and 50 granted in favour of the 6th respondent passed by the 5th respondent Panchayat President same as illegal, improper, unreasonable, arbitrary and against the rule of land and natural justice and thereby directing the respondents 4 and 5 and grant the tender in respect of Subject Nos.40 and 50 in favour of the petitioner and issue the work order.
For Petitioners : Mr.P.A.Chitramani For RR1 to 3 : Mr.S.Diwakar, Spl.G.P. For RR4 to 6 : No Appearance -----
O R D E R
The petitioner has filed this petition praying to call for the records of meeting No.2/2011 dated 04.02.2011 and quash the subject 10 in respect of Serial Nos.40 and 50 granted in favour of the 6th respondent passed by the 5th respondent Panchayat President same as illegal, improper, unreasonable, arbitrary and against the rule of land and natural justice and thereby directing the respondents 4 and 5 to grant the tender in respect of Subject Nos.40 and 50 in favour of the petitioner and issue the work order.
2. Heard Mr.P.A.Chitramani, learned counsel appearing for the petitioner, Mr.S.Diwakar, learned Government Advocate appearing on behalf of the respondents 1 to 3.
3. The learned counsel appearing for the petitioner has submitted that the period of contract has expired, but still, no orders are passed.
4. The learned counsel for the 4th respondent has filed counter affidavit, wherein, it has been stated that the petitioner has paid the schedule amount for work No.40, but he did not submit the tender papers for the same. For the said Work, Mrs.Kuppa Bai, bided lower amount than that of 6th respondent and hence the work order was issued to her. So far as the work No.50 is concerned, three contractors have submitted tender forms, out of which, the tender of Mrs.Kuppa Bai's bid amount was lower and hence, the work order was issued to her.
6. In the light of the above said submissions, this Court is inclined to dismiss the Writ Petition. Accordingly, the Writ Petition is dismissed. No Costs. Consequently, the connected Miscellaneous Petitions are closed.
02.02.2017 Index: Yes/ No Internet:Yes/No pvs To
1. The District Collector, Kancheepuram District, at Kancheepuram.
2. The Director of Town Panchayat, Kuralagam, Chennai – 600 108.
3. The Deputy Director of Town Panchayat, Kancheepuram Zone, Kancheepuram, Kancheepuram District.
4. The Executive Officer, Madambakkam Town Panchayat, Tambaram Taluk, Chennai – 600 126. Kancheepuram District.
5. The President, Madambakkam Town Panchayat, Tambaram Taluk, Chennai – 600 126.
D. KRISHNAKUMAR J.
pvs
W.P. No. 3477 of 2011 M.P.Nos.2 & 3 of 2011
02.02.2017