1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN WP(MD)No.609 of 2011 and MP(MD)No.1 of 2011 I.Ammal :Petitioner -Vs- 1.The Assistant Director of Town Panchayat, Kanyakumari District at Nagercoil. 2.The Executive Officer, Kottaram Town Panchayat, Kottaram, Kanyakumari District. 3.K.Narayana Perumal :Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 herein to initiate the appropriate civil and criminal proceedings against the third respondent herein for producing bogus satisfactorily work completion certificate dated 23.12.2008 for obtaining work in Kottaram Town Panchayat in Kanyakumari District pursuant to the petitioner's representation dated 15.11.2010 and 19.11.2010. For Petitioner :Mr.V.Ramajegadeesan For R1 & R2 :Mr.R.Manoharna, GA For R3 :Mr.M.Vallinayagam ORDER The petitioner seeks a writ of mandamus directing the respondents 1 and 2 to initiate appropriate civil and criminal proceedings against the third respondent on account of his production of bogus satisfactorily work completion certificate for obtaining work in Kottaram Town Panchayat in the District of Kanyakumari. 2.According to the petitioner, he took part in the tender process notified by the second respondent. The third respondent was also a tenderer. The Contract was ultimately awarded to the third respondent. According to the petitioner, the third respondent produced certain certificates and it was made out later that those certificates were bogus certificates. This made the petitioner to submit a representation to the respondents 1 and 2 calling upon them to initiate civil as well as criminal proceedings against the third respondent. However, there was no follow up action. Therefore, the petitioner was constrained to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The second respondent in his counter affidavit stated that the bid submitted by the third respondent was accepted and accordingly, order of confirmation was issued to him as per resolution No.511 dated 19.11.2010. It was further contended that the third respondent commenced work and the same is nearing completion. 4.The third respondent in his counter affidavit disputed the allegations and averments found mentioned in the affidavit filed in support of the writ petition. The third respondent has also denied the allegations regarding production of bogus certificates. 5.The petitioner was also a participant in a tender floated by the second respondent. The bid submitted by the third respondent was accepted. The order of confirmation given by the second respondent to the third respondent remain unchallenged. The petitioner has invented a novel device to challenge the confirmation by submitting a representation and seeks disposal of the same by filing this writ petition. In case, the petitioner is aggrieved by the act of confirmation of the bid by the second respondent on the basis of bogus certificates, nothing prevented him from challenging the order of confirmation. Therefore, under the guise of non consideration of representation, the petitioner cannot challenge the order of confirmation. 6.Therefore, I am of the view, no mandamus as prayed for by the petitioner can be granted. It is always open to the petitioner to challenge the order of confirmation in the manner known to law. 7.The Writ Petition is disposed of with the above observation. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Assistant Director of Town Panchayat, Kanyakumari District at Nagercoil. 2.The Executive Officer, Kottaram Town Panchayat, Kottaram, Kanyakumari District. +1CC to Mr.M.Vallinayagam, Advocate. SR.No.1119. +1CC to Mr.V.Ramajegadeesan, Advocate. SR.No.9979. +2CC to The Special Government Pleader. SR.Nos.10254, 10245. rj2 WP(MD)No.609 of 2011 and MP(MD)No.1 of 2011 RP/10.03.2011/2P/7C.24.02.2011 https://hcservices.ecourts.gov.in/hcservices/