Madras High Court
M/S.Dsr Sons India Engineers Private ... vs The Commissioner on 23 November, 2023
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
W.A.Nos.3204 of 2023 & etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.3204, 3230, 3244, 3235, 3223, 3242,
3224, 3239, 3236, 3228, 3219, 3241 & 3218 of 2023
[W.A.No.3204 of 2023]
M/s.DSR Sons India Engineers Private Ltd.
No.49, 1st Floor, HIG, NH-1, Vallal MGR Street
Maraimalai Nagar, Chengalpattu District
Rep. by its Managing Director
D.S.Ravee Kumar .. Appellant
Vs.
1. The Commissioner
Greater Chennai Corporation
Rippon Building, Chennai – 600 003.
2. The Chief Engineer (General)
Greater Chennai Corporation
Rippon Building, Chennai – 600 003.
3. The Superintending Engineer
Bus Route Roads Department
Amma Maligai, Greater Chennai Corporation
Chennai – 600 003.
Page 1 of 7
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W.A.Nos.3204 of 2023 & etc. batch
4. The Executive Engineer (BRR)
Bus Route Roads Department, Amma Maligai
Corporation of Chennai, Chennai – 600 003.
5. The National Informatics Centre
Tamil Nadu State Centre
Rajaji Bhavan Complex
3rd Avenue, Thiruvalluvar Nagar
Besant Nagar, Chennai – 600 090. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order in W.P.No.24840 of 2023 dated 07.09.2023.
For the Appellant : Mr.S.S.Rajesh
in all W.As for Ms.R.Nandhini
For the Respondents : Mr.P.Muthukumar
in all W.As State Government Pleader
assisted by Mr.A.Arun Babu
Standing Counsel
for R1 to R4
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.S.S.Rajesh, learned counsel for Ms.R.Nandhini,
learned counsel for the appellant and Mr.P.Muthukumar, learned
State Government Pleader assisted by Mr.A.Arun Babu, learned
Standing Counsel for respondents 1 to 4.
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W.A.Nos.3204 of 2023 & etc. batch
2. The present appellant has filed a batch of writ petitions,
challenging the tender summary reports of respondents 2 to 4,
refusing to admit the tender of the appellant on the ground that the
plant site of the appellant is located beyond 40 km from the Chennai
city. The learned Single Judge dismissed the writ petitions.
Aggrieved thereby, the present appeals.
3. Learned counsel for the appellant submits that short tender
notice was issued. Clause 3.4 (e) of the tender notice requires the
CMP to be located within 40 km radius from Chennai city. The
starting point, from which 40 km has to be measured, was not
clarified. Learned counsel for the appellant submits that from the
periphery of the city, the Hot Mix Plant of the appellant is within 40
km. The same ought to have been considered. The respondents,
only in the counter, have come out with a case that 40kms has to be
from the '0' point and the '0' point is fixed by them at Muthuswamy
Bridge near the Madras Medical College, Chennai. There is no basis
https://www.mhc.tn.gov.in/judis
W.A.Nos.3204 of 2023 & etc. batch
for the same.
4. The tender in question is a short term tender. Before the
filing of the writ petitions, tenders were allotted to the successful
bidders. The learned Single Judge observed that when the '0' point
is taken as the starting point in respect of all of the tenders, there is
no malafide on the part of the respondents.
5. As the tenders are already allotted and the tender is a short
term tender, it would not be appropriate now to entertain the
appeals. However, it is one of the contentions that when the tender
notice requires the CMP to be located within 40 km, the clause
ought to be more specific, than keeping it ambiguous. The starting
point could have been mentioned in the tender for calculating the 40
km radius. We hope and trust that henceforth in the tender notices,
the starting point from which the distance of 40 km should be
calculated, shall be identified properly.
6. With these observations, the writ appeals stand disposed of.
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W.A.Nos.3204 of 2023 & etc. batch
There will be no order as to costs. Consequently, C.M.P.Nos.26468,
26467, 26299, 26297, 26293, 26292, 26187, 26458, 26456,
26407, 26408, 26380, 26378, 26440, 26441, 26368, 26475,
26473, 26371, 26438, 26437, 26482, 26480, 26422 & 26421 of
2023.
(S.V.G., CJ.) (D.B.C., J.)
23.11.2023
Index : Yes/No
Neutral Citation : Yes/No
drm
https://www.mhc.tn.gov.in/judis
W.A.Nos.3204 of 2023 & etc. batch
To
1. The Commissioner
Greater Chennai Corporation
Rippon Building, Chennai – 600 003.
2. The Chief Engineer (General)
Greater Chennai Corporation
Rippon Building, Chennai – 600 003.
3. The Superintending Engineer
Bus Route Roads Department
Amma Maligai, Greater Chennai Corporation
Chennai – 600 003.
4. The Executive Engineer (BRR)
Bus Route Roads Department, Amma Maligai
Corporation of Chennai, Chennai – 600 003.
5. The National Informatics Centre
Tamil Nadu State Centre
Rajaji Bhavan Complex
3rd Avenue, Thiruvalluvar Nagar
Besant Nagar, Chennai – 600 090.
https://www.mhc.tn.gov.in/judis
W.A.Nos.3204 of 2023 & etc. batch
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.A.Nos.3204, 3230, 3244, 3235, 3223,
3242, 3224, 3239, 3236, 3228, 3219,
3241 & 3218 of 2023
23.11.2023
https://www.mhc.tn.gov.in/judis
