IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 01.02.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.993 of 2006 & W.P.M.P.No.1125 of 2006 ... K.Muniaswamy ... Petitioner Versus The Executive Engineer Buildings and Roads(South) Public Works Department Pondicherry ... Respondent Prayer : This petition has been filed seeking for a writ of Declaration declaring the condition that contractors other than those registered in the state of Pondicherry Public Works Department should be produce documentary evidence in support of their having satisfactory completed three similar works during the last five years each costing Rs.33 lakhs, or two works costing Rs.54 lakshs each or one work costing not less than Rs.87.50 lakhs along with their application requesting for tender schedule contained in Notification No.1221/PW/BRS/DB/D3/F.No.39/2005-06 dated 26.12.2005 as amended by Corrigendum No.1298/PW/BRS/DB/D.3/F.No.39/2005-06 dt.09.01.2006 of the respondent as arbitrary, illegal and unconstitutional and direct the respondent herein to permit the petitioner herein also to apply for and obtain tender schedule for the above said work and compete for the said work. For Petitioner : Mr.AL.Gandhimathi For Respondents : Mr.R.Syed Musthafa Government Pleader (Pondy) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2.At this stage of hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner has submitted that the Writ Petition has become infructuous. However, she had prayed that https://hcservices.ecourts.gov.in/hcservices/ the petitioner may be given liberty to challenge similar conditions, if they are found in the tender Notifications, issued by the concerned authorities, in the future. 3.In view of the submissions made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently connected Miscellaneous Petition is closed. However, it is made clear that, it would be open to the petitioner to challenge such conditions if they are imposed in the tender Notifications, if so advised, in the manner known to law. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar arr To The Executive Engineer Buildings and Roads(South) Public Works Department Pondicherry + 1 CC to the Senior Government Pleader,SR NO 5464 1 cc To M/s.A.L.Gandhimathi, Advocate, SR.5877 W.P.No.993 of 2006 VS(CO) sra 15.02.2010 https://hcservices.ecourts.gov.in/hcservices/