Asian Power Lines v. The Government of Tamilnadu

O R D E R This Writ Petition has been filed challenging the proceedings of the second and third respondents, dated 29.10.2020 which was uploaded on 31.10.2020 in so far as accepting the technical bids of the respondents 4 and 5. The petitioner has also challenged the price bid of the respondents 2 and 3 updated on 29.10.2020 in so far as accepting the fourth respondent as L1 and fifth respondent as L2.

¶2When the above Writ Petition was entertained by this Court, an order of interim stay was passed by this Court directing the second respondent not to issue any work order to the successful bidder until further orders. This order was passed on 20.11.2020. Since the interim order continued and no progress was made, the second respondent has taken a decision and the same was furnished to this Court by way of written instructions and the relevant portions are extracted hereunder : "xspt[

kiwtw;w

xg;ge;jg;g[s;sp eltof;iffns nkw;bfhs;sg;gl;lJ kw;Wk; ve;j tpjpKiwfSk; kPwg;gltpy;iy vd;w tpguk; ePjpkd;wj;jpw;F rkh;g;gpf;fg;gLfpwJ/ nkYk; xg;ge;jg;g[s;sp nfhug;gl;L K:d;W Mz;Lfs; fle;Jtpl;ljhy; tpiyg;g[s;sp khw;wk; Vw;gl;Ls;sJ/ vdnt. kpd;fy Fg;ig tz;ofs; tpiyg;g[s;spfs; mog;gilapy; jw;nghJ bfhs;Kjy; bra;a ,ayhJ/ nkYk;. Cuf tsh;r;rp kw;Wk; Cuhl;rp ,af;ff Mizah; mth;fsJ foj vz;/89215-2017-SBM(G)-3 Dated : 18.08.2022-d;go kpd;fy Fg;ig tz;ofis Gem Portal-K:yk; bfhs;Kjy; bra;a mwpt[Wj;jg;gl;Ls;sJ/ vdnt. nkw;fhqk; fhuz';fspd; mog;gilapy;

18/09/2020?k;

njjpapd; xg;ge;jg;g[s;spia ePjpkd;wk; K:yk; ,uj;J bra;a mDkjp tH';fpl gzpt[ld; nfl;Lf;bfhs;fpnwd;."

¶3It is clear from the above that the second respondent has now decided to cancel the tender and to proceed further with the work through an alternative source.

¶4In the light of this stand taken by the second respondent, no further orders are required to be passed in this Writ Petition. However, there shall be a direction to the second respondent to communicate the decision to the respondents 4 and 5 within a period of two weeks from the date of receipt of a copy of this order. If the fourth and fifth respondents are aggrieved by the decision taken by the second respondent, they shall work out their remedy in the manner known to law.

¶5This Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

06.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No RM To

1.The Government of Tamilnadu Rep by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai – 600 009.

2.The District Collector/ Project Director, District Rural Development Agency, Tenkasi District.

3.The Chairperson/Coordinator/Project Director, Tender Evaluation Committee, District Rural Development Agency, Tenkasi District.

N.ANAND VENKATESH, J. RM

06.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD)Nos.13945, 13952 of 2020 Asian Power Lines Rep by its Proprietor, E.Ramesh, No.3/85-D, Thirunagar, Thelichathanallur, Paramakudi, Ramanathapuram District. ... Petitioner Vs. 1.The Government of Tamilnadu Rep by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai – 600 009. 2.The District Collector/ Project Director, District Rural Development Agency, Tenkasi District. 3.The Chairperson/Coordinator/Project Director, Tender Evaluation Committee, District Rural Development Agency, Tenkasi District. 4.M/s.Priyam Industries and Engineering Private Ltd., Reg. Office No.625 Surya Complex, II Floor, Anna Salai, Chennai – 600 006. 5.Arun Indian Motors No.5, Gandhi Road, Salem. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus Calling for the records relating to the impugned proceedings of the respondents 2 and 3 herein in the technical bid updated on 29.10.2020 and uploaded in the web-site on 31.10.2020 in so far as accepting technical bids of respondents 4 and 5 herein and that of the impugned price bid of the respondent 2 and 3 herein updated on the same date on 29.10.2020 in so far as accepting the 4th respondent herein as L1 and 5th respondent as the second lowest tenderer and all further proceedings pursuant thereto, quash the same and consequently direct the respondents 2 and 3 herein to complete the tender by negotiating the price bid with the remaining tenderers. For Petitioner : Mr.S.Srinivasa Raghavan For Respondents : Mr.K.S.Selvaganesan – for R1 to R3 Additional Government Pleader Mr.R.Sriram – for R4 Mr.M.Karunanithi – for R5