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2005 DIGILAW 357 (MAD)

S. Shanmugasundaram v. District Collector

2005-02-25

K.P.SIVASUBRAMANIAM

body2005
Judgment : 1. Mr. S. Venkatesh, learned Special Government Pleader takes notice for respondents. 2. The petitioner prays for a writ or mandamus to direct the respondents to publish the tender in State News Magazine ( khepy bra;jp kly; ) and District News Magazine ( khtl;l bra;jp kly; ) in terms of the procedure of the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998) (hereinafter referred to as “the Act”) and follow the rules contemplated under the Tamil Nadu Transparency in Tenders Rules, 2000 to carry out the temporary road work in the Cuddalore District as per the proceedings of the first respondent dated 12.1.2005 in R.O.C. No. A2/7525-1/04. 3. The petitioner is a registered Contractor under the proceedings of the Superintending Engineer/Highways/NAFARD and Village Road Division, Chengalpattu from 17.9.2004. He was carrying on contract works valued for not less than Rs.25 lakhs before 17.9.2004. The first respondent, by proceedings dated 12.1.2005, issued an order granting administrative sanction for temporary restoration of roads and bridges in Cuddalore District, which were damaged during the natural calamity by north-east monsoon. The sanctioned contract work is for 428.43 Kms and the sanctioned amount for the work is Rs.500 lakhs. However, according to the petitioner, there was no tender published in any newspaper inviting tenders from competent persons to participate in the tender. Hence, the above Writ Petition. 4. In the counter affidavit filed by the respondents, it is clearly stated that the works were undertaken during the floods end subsequent ‘Tsunami’ on 26.12.2004. Certain roads were cut off and primary duty of Highways Department was to close the damaged roads for easy movement of relief measures such as transporting dead bodies and injured persons to the nearest hospital and if the routine formalities are adopted during calamities, then there will be lot of causalities and the people will be put to lot of hardships. It is further stated that in terms of G.O. Ms. No.446, Finance (Salaries) Department dated 26.9.2000, the requirement to publish District tender bulletin would arise only when the value of the work amounted to more than Rs.5 lakhs. 5. In this case, the work was split up into several areas and therefore, there was no need to publish in the District Gazette. It is not necessary to go into the issue whether G.O.Ms. No. 446, Finance (Salaries) Department dated 26.9.2000 would apply or not. 5. In this case, the work was split up into several areas and therefore, there was no need to publish in the District Gazette. It is not necessary to go into the issue whether G.O.Ms. No. 446, Finance (Salaries) Department dated 26.9.2000 would apply or not. The petitioner seeks to invoke the provisions of the Act and Section 16 of the said Act is very clear to the effect that Sections 9 and 10 shall not apply to procurement of the works during natural calamities and emergencies declared by the Government. Even going by the affidavit of the petitioner, the impugned works were called for only in the context of natural calamities and roads and bridges have to be rectified on a war footing manner. 6. In the result, I do not find any merits in the above writ petition and the same is dismissed accordingly. No costs. Consequently, W.P.M.P. No. 3975 of 2005 is also dismissed.