Prompt Engineering Company vs. The Commissioner
Facts
The petitioners, Prompt Engineering Company and Sunrise Solar Systems, filed writ petitions before the Madurai Bench of the Madras High Court. They challenged the Tender Summary Reports and E-Tendering Notices issued by the Commissioner, Devakottai Municipality, on August 14, 2015. The tenders were for the operation and maintenance of street lights for a period of one year from 2015. The petitioners sought to quash these orders, arguing they were arbitrary, illegal, and without legal basis, and requested a fresh tender process. The respondent was the Commissioner of Devakottai Municipality. The matters were listed for hearing on July 12, 2023.
Held
The Court recorded the submission made by the learned counsel for the petitioners that the matters had become infructuous and nothing survived for further adjudication. Based on this submission, the Court dismissed the writ petitions as infructuous. No costs were awarded. The connected miscellaneous petitions were also closed. The Court did not delve into the merits of the petitioners' challenge to the tender process or the arguments presented by them. Therefore, no specific findings were made on the legality or arbitrariness of the impugned orders, nor was any ratio decidendi established regarding the tender process itself. The operative direction was solely to dismiss the petitions as infructuous.
Key Issues
1. Whether the Tender Summary Reports and E-Tendering Notices dated 14.08.2015 issued by the Commissioner, Devakottai Municipality, for the operation and maintenance of street lights are arbitrary, illegal, and without legal basis, warranting their quashing under Article 226 of the Constitution of India? The petitioner's contention was that the impugned tender process was flawed and requested a fresh tender. The respondent, the Commissioner of Devakottai Municipality, did not present any arguments as the matter was dismissed as infructuous. The judgment does not record any specific arguments from the revenue or State.
AI-generated summary — verify with the full judgment below
W.P(MD)Nos.15696 and 15704 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.15696 and 15704 of 2015 and M.P.(MD)Nos.1, 1, 2, 2, and 3 of 2015 W.P.(MD)No.15969 of 2015:- Prompt Engineering Company, Rep. by its Proprietor, PL.Nachiappan, C7, Ground Floor, GST Road, IHFD Nagar, Pallavaram, Chennai. ... Petitioner Vs. 1.The Commissioner, Devakottai Municipality, Devakottai, Sivagangai District. 2.Dharani Associates, (Declared Successful Bidder), C/o. the Commissioner, Devakottai Municipality, Devakottai, Sivagangai District. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.15696 and 15704 of 2015 Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st Respondent in his Tender Summary Reports dated 14.08.2015 published on-line and quash the same on the ground that the same in arbitrary, illegal and without any legal basis and consequently directing the 1st Respondent to conduct fresh tender for
The judgment continues below.
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