IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 8.3.2010 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition Nos.21628 and 22581 of 2008 and M.P.Nos.1 and 2 of 2008 in W.P.No.21628 of 2008 and M.P.No.1 of 2008 in W.P.No.22581 of 2008 Coimbatore Nagaratchi Salai Matrum Civil Panigal Oppanthatharargal Sangam (Regn.No.193/95) Represented by its Secretary P.Durairaj, Hotel Sanmar Building, 18/109 Big Bazaar Street, Coimbatore 641 001. ... Petitioner in both W.Ps. vs. 1.The Coimbatore City Municipal Corporation, represented by its Commissioner, Coimbatore. 2.The Executive Engineer (East), Coimbatore City Municipal Corporation, Coimbatore. 3.The Assistant Executive Engineer (Electrical), Coimbatore City Municipal Corporation, Coimbatore. 4.Salijar Electronic Ltd., Vannankoil Pirivu, Sami Chetti Palayam, Periyanaickenpalayam Post, Cloimbatore 641 020. ... Respondents in both W.Ps. Writ Petition No.21628 of 2008 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records of the proceedings of the first respondent Corporation comprised in the decision on the subject Nos.6481 to 6484 of the meeting held by the respondent Corporation on 29.8.2008 pursuant to the notice of meeting in https://hcservices.ecourts.gov.in/hcservices/ Na.Ka.No.9104/2008/M.C.8 dated 22.8.2008 and quash the said decision taken on 29.8.2008 and consequently direct the respondent corporation to issue a fresh notification for the award of the contracts in respect of the works covered by the said decision. Writ Petition No.22581 of 2008 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 3 from implementing the decision on the subject Nos.81 to 84 of the meeting held by the respondent Corporation on 29.8.2008 pursuant to the notice of meeting in Na.Ka.No.9104/2008/M.C.8 dated 22.8.2008 and issue a fresh Notification for the award of the contracts in respect of the works covered by the said decision. For Petitioner in both W.Ps. : Mr.R.Muthukumarasamy, Senior Counsel for Mr.A.Jenasenan For Respondents in both W.Ps. : Mr.R.SivaKumar, for R1 to R3 : Mr.S.Elambharathi for R4 ----- COMMON ORDER Writ Petition No.21628 of 2008 is filed to issue a Writ of Certiorarified Mandamus, calling for records of the proceedings of the first respondent Corporation comprised in the decision on the subject Nos.6481 to 6484 of the meeting held by the respondent Corporation on 29.8.2008 pursuant to the notice of meeting in Na.Ka.No.9104/2008/M.C.8 dated 22.8.2008 and quash the said decision taken on 29.8.2008 and consequently direct the respondent corporation to issue a fresh notification for the award of the contracts in respect of the works covered by the said decision. 2. Writ Petition No.22581 of 2008 is filed to issue a Writ of Mandamus forbearing the respondents 1 to 3 from implementing the decision on the subject Nos.81 to 84 of the meeting held by the respondent Corporation on 29.8.2008 pursuant to the notice of meeting in Na.Ka.No.9104/2008/M.C.8 dated 22.8.2008 and issue a fresh Notification for the award of the contracts in respect of the works covered by the said decision. 3. Both the Writ Petitions are filed challenging the award of contract for installation and maintenance of public lighting to the https://hcservices.ecourts.gov.in/hcservices/ fourth respondent. According to the learned senior counsel appearing for the petitioners, the grievance of the petitioners is that there were two packages in the tender which are independent of each other. The members of the petitioner association and the individual, who filed the writ petitions respectively, were not aware that they have to apply for both the packages together. Since the petitioner did not submit the tender in respect of both the packages, the tender has been rejected. The tender granted to the fourth respondent is now under challenge. 4. The writ petitions were filed in the year 2008. The tender Notification in these cases was issued on 16.5.2008. It is not in dispute that the fourth respondent has been declared as successful bidder after pre-bid meeting of all tenderers and has been declared the successful bidder and granted the work order to complete the package for street lighting. 5. A counter-affidavit has been filed by the respondents corporation stating that subsequent to the tender Notification dated 16.5.2008, a pre-bid meeting was held on 3.6.2008 and on subsequent dates and the members of petitioner association were present in the meeting and informed that both the packages will be taken as a single bid. Inspite of the intimation as above, the petitioners have not chosen to bid for both for packages and, therefore, they are not entitled to challenge the same in the writ petitions. 6. Considering the above stand taken by the respondents 1 to 3 and the fact that the pre-bid meeting was fixed and attended by all parties concerned, the petitioners cannot have grievance at this point of time and state that the modification in the tender condition is bad. The petitioners should not have participated in the tender pre-bid meeting if they are aggrieved by the modification of the condition. No objection appears to have been filed at that point of time. Except the above contention, no other issue is raised at the time of final hearing. In such view of the matter, petitioners are not entitled to the relief sought for. Accordingly, both the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To 1.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore. 2.The Executive Engineer (East), Coimbatore City Municipal Corporation, Coimbatore. 3.The Assistant Executive Engineer (Electrical), Coimbatore City Municipal Corporation, Coimbatore. + 1 CC to Mr.R.SivaKumar Advocate SR 15665 + 1 CC to Mr.K.J.Rebello Advocate SR 15403, 15404 Common Order in W.P.Nos.21628 and 22581 of 2008 Date 8.3.2010 LA(CO) https://hcservices.ecourts.gov.in/hcservices/