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S.K.Muthu Raman vs The Superintending Engineer

Madras High Court|16 December, 2009

JUDGMENT / ORDER

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
2. This writ petition has been filed praying for a Writ of Mandamus to direct the respondent to issue tender schedule to the petitioner, to enable him to participate in the tender, pursuant to the Tender Notification, dated 26.11.2009.
3. The petitioner has stated that he is a registered V class contractor recognised by the Public Works Department. He has been carrying on contract works for the respondent Department through out the District of Madurai. It has also been stated that the respondent had issued a Tender Notification, dated 26.11.2009, calling for tenders for certain electrical works, to be performed by the selected contractors. However, the respondent had refused to give the tender schedule to the petitioner, to enable him to participate in the tender, which is scheduled to be opened, on 17.12.2009. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.
4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondent, on instructions, had submitted that the petitioner has already been delisted from the panel of contractors, on 22.8.2008, and therefore, he is not eligible to participate in the tender, as requested by him.
5. On such submission being made by the learned counsel appearing for the respondent, the learned counsel appearing for the petitioner had submitted that the petitioner had not received the proceedings said to have been issued, on 22.8.2008, delisting the petitioner from the panel of contractors. Therefore, he had requested that the respondent may be directed to send a copy of the said proceedings to the petitioner at the earliest, so as to enable him to challenge the same, if he finds it fit to do so.
6. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondent, this Court finds it appropriate to direct the respondent to communicate the proceedings, said to have been passed by the respondent, on 22.8.2008, delisting the petitioner from the panel of contractors, to the petitioner, as expeditiously as possible. The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
csh To The Superintending Engineer, PWD, Electrical Division, Madurai-2.
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Title

S.K.Muthu Raman vs The Superintending Engineer

Court

Madras High Court

JudgmentDate
16 December, 2009