At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE K. RAVICHANDRABAABU
For the Petitioners: AR.L. Sundaresan, G. Masilamani, Senior Counsels, K. Sridhar, K. Sridhar, Advocates. For the Respondents: S.R. Rajagopal, Addl. Advocate General assisted by S. Thangavel, Special Govt. Pleader.
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the entire records leading to the issue of G.O.Ms.No.40, Highways and Minor Ports (HQ1) Department dated 19.02.2020 on the file of the first respondent and the consequential works in Tender Notice bearing Tender Notice No.37/2019-2020 HDO, dated 25.02.2020 on the file of the third respondent and quash the same.)
1. This matter is taken up for hearing through Video-Conferencing mode.
2. This batch of case is filed challenging both the Government Order and the tender notification impugned in these writ petitions.
3. A counter affidavit is filed and rejoinder to the counter is also filed. Therefore, this matter needs to be heard finally.
4. To consider the respective pleadings and submissions of the respective parties, this Court is of the view that such final hearing cannot be done by way of Video-Conferencing mode. Therefore, this Court is of the view that the matter needs to be heard in open Court. However, as it is apprehended by the learned Senior Counsels appearing for the petitioners that the last date for submitting the tender is fixed on 29.05.2020 and opening of technical bid is fixed on 01.06.2020 and therefore, unless some interim protection is given, third party interest would be created which would complicate the hearing of the matter further.
6. The learned Additional Advocate General appearing for the respondents, based on instructions, fairly submitted that since 90 days time prescribed under the relevant enactment is going to be over from the date of issuance of tender notification, the authorities may be permitted only to open the technical bid and however, they will not proceed further. I consider the above submission made by the learned Additional Advocate General is just and fair, during the pendency of these writ petitions.
7. Accordingly, post these writ petitions
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for final disposal on 17.06.2020. In the meantime, it is open to the respondents to open the technical bid and however, they shall not proceed any further with the process of the tender until further orders from this Court.