1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8414 of 2011 and M.P(MD)No.1 of 2011 J.E.S Electricals, Rep. by its Proprietor J.E. John Samuel. .. Petitioner Vs. 1.The District Collector, Kanyakumari District at Nagercoil. 2.The Executive Officer, Kaliyakavilai Town Panchayat, Kaliyakavilai, Kanyakumari District. 3.The President, Kaliyakavilai Town Panchayat, Kaliyakavilai, Kayakumari District. 4.Sha Changanlal Jayanthilal Jain .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the tender awarded in favour of the fourth respondent in respect of the supply of Electrical equipment to the second respondent panchayat for the year 2011-2012, dated 28.06.2011 and consequently direct the respondents 1 to 3 to issue a work tender in favour of the petitioner. For Petitioner : Mr.C.K.M.Appaji For R-1 to R-3 : Mr.M.Govindan, Special Govt. Pleader For R-4 : Notice is dispensed with O R D E R This Writ Petition has been filed to direct the respondents 1 to 3 to cancel the tender awarded in favour of the fourth respondent in respect of the supply of Electrical equipment to the second respondent panchayat for the year 2011-2012, dated 28.06.2011 and consequently direct the respondents 1 to 3 to issue a work tender in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.C.K.M.Appaji, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for R-1 to R-3. 3. In view of the order which is going to be passed, notice to R-4 is dispensed with. 4. By consent, the Writ Petition itself is taken up for final hearing. 5. The grievance of the petitioner is that he is the lowest tenderer, but his claim has not been considered and he also alleges the loss being caused to the Panchayat. The petitioner has made a representation to the District Collector on 04.07.2011 and on 09.07.2011. The petitioner has also approached the Authority under the Right to Information Act, seeking copy of the tender granted in favour of the fourth respondent so that he can challenge the same in accordance with law. Since the grievance of the petitioner has not been considered so far, the petitioner has come forward with this Writ petition. 6. In view of the above, without going into the merits of the petitioner's claim, the first respondent is directed to consider the petitioner's representation, dated 27.07.2011, on its own merits and in accordance with law, as expeditiously as possible, more particularly within a period of four weeks from the date of receipt of a copy of this order. If any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its merits as per law. 7. With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District at Nagercoil. 2.The Executive Officer, Kaliyakavilai Town Panchayat,Kaliyakavilai,Kanyakumari District. 3.The President, Kaliyakavilai Town Panchayat,Kaliyakavilai,Kayakumari District. +1cc to M/s.C.K.M.Appaji, Advocate, Sr.No.25194 pm ssk/06.08.2011 /5c -2p/- W.P.(MD)No.8414 of 2011 29.07.2011 https://hcservices.ecourts.gov.in/hcservices/