K.Muniaswamy vs The Executive Engineer on 1 February, 2010

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE:  01.02.2010

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN
										
Writ Petition No.993 of 2006
&
W.P.M.P.No.1125 of 2006

K.Muniaswamy				...			  Petitioner

					      Versus

The Executive Engineer
Buildings and Roads(South)
Public Works Department
Pondicherry				.. 			   Respondent

Prayer  : This petition has been filed seeking for a writ of Declaration  declaring the condition that contractors other than those registered in the state of Pondicherry Public Works Department should be produce documentary evidence in support of their having satisfactory completed three similar works during the last five years each costing Rs.33 lakhs, or two works costing Rs.54 lakshs each or one work costing not less than Rs.87.50 lakhs along with their application requesting for tender schedule contained in Notification No.1221/PW/BRS/DB/D3/F.No.39/2005-06 dated 26.12.2005 as amended by Corrigendum No.1298/PW/BRS/DB/D.3/F.No.39/2005-06 dt.09.01.2006 of the respondent as arbitrary, illegal and unconstitutional and direct the respondent herein to permit the petitioner herein also to apply for and obtain tender schedule for the above said work and compete for the said work.
		For Petitioner	 	 : Mr.AL.Gandhimathi
		For Respondents    	 : Mr.R.Syed Musthafa
						   Government Pleader (Pondy)			
				          O R D E R

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

2.At this stage of hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner has submitted that the Writ Petition has become infructuous. However, she had prayed that the petitioner may be given liberty to challenge similar conditions, if they are found in the tender Notifications, issued by the concerned authorities, in the future.

3.In view of the submissions made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently connected Miscellaneous Petition is closed. However, it is made clear that, it would be open to the petitioner to challenge such conditions if they are imposed in the tender Notifications, if so advised, in the manner known to law.

arr

To

The Executive Engineer
Buildings and Roads(South)
Public Works Department
Pondicherry