Writ petitions Prayer : The writ petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, or any other appropriate writ, order or direction in the nature of writ, to call for the records relating to the proceedings of the 2nd respondent in providing BT Road to Pammipalayam existing road in Mulanur town panchayat based on the tender notification in Na.Ka.No.313/2016 dated 26.08.2016 (e-published on 30.08.2016) and from Kannivadi Christian Colony Road to Monganallampalayam Road in Kannivadi Town Panchayat (e-published on 01-09-2016) and to quash the same as illegal, incompetent, irregular and Unconstitutional and consequently direct the second respondent to receive the tender application submitted by the petitioner on 12.09.2016 and act in terms of the law.
For Petitioner : Mr.A.R.L.Sundaresan, Senior Counsel for Mr.C.Selvaraj For Respondents : Mr.Manishankar, (In both W.Ps') Additional Advocate General assisted by Mr.S.N.Parthasarathy, Government Advocate.
COMMON ORDER The petitioner, being one of the tenderer, has come forward to file these writ petitions.
2. The learned Senior Counsel appearing for the petitioner would submit that the time provided for a period of 15 days has not been complied with.
3. The Additional Advocate General appearing for the respondent would submit that the successful tenderer has not been arrayed as a party. Even before the filing of the writ petition, the tender has been awarded to the successful tenderer and the work has almost been completed and therefore, the technical objection sought to be raised cannot be sustained. Thus, no interference is required.
4. Admittedly, the petitioner has participated. The successful tenderer has not been arrayed as a party. There is no contra material to hold that the work is not nearing completion. The petitioner has also not proved that the tender submitted by the successful tenderer is incomplete with respect to the material aspect.
5. In such view of the matter, this Court does not find any merits in these writ petitions. Accordingly, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
20.03.2017 vsm Index : Yes/No Internet : Yes/No Speaking order/Non Speaking order To
1. The Director of Town Panchayats, Kuralagam, Chennai.
2. The Executive Officer, Kannivadi Town Panchayat, Tirupur District.
M.M.SUNDRESH. J vsm WRIT PETITION Nos. 33170 & 33171 of 2016 and W.M.P Nos.28696 to 28699 of 2016 20.03.2017 http://www.judis.nic.in