1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.11.2011 Coram THE HON'BLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No: 12968 of 2011 and M.P.Nos.1 and 2 of 2011 M.A.Paul .. Petitioner -Vs- The Divisional Railway Manager (Mechanical), DRM Office, Trichy, Trichy Junction, Trichy. .. Respondent Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent herein to accept the technical bid of the petitioner as per the conditions of tender vide Tender Notification No.MECH/TPJ/05/2011-12 dated 12.09.2011 with corrigendum and consequently direct the respondent herein to allow the petitioner to participate in the price bid for consideration of his price bid as per conditions of tender. For Petitioner:Mr.Veera Kathiravan For Respondent:Mr.S.Manohar, Standing counsel for Railways ORDER The petitioner has come up with the above writ petition seeking a mandamus to direct the respondent to accept the technical bid of the petitioner as per the tender conditions, vide tender notification dated 12.09.2011. 2.Heard Mr.Veerakathiravan, learned counsel for the petitioner and Mr.S.Manohar, learned standing counsel for the respondent. 3.The petitioner is a contractor supplying linen to the Railways. The respondent floated a tender vide notification dated 12.09.2011. It appears that the tenders will normally be finalised by Commercial Wing of the Southern Railway. But with effect from 01.04.2010, the finalisation of tenders has been handed over to the mechanical department. 4.Thereafter, apprehending that his technical bid may be rejected for want of particulars from the Commercial Department, the petitioner has come up with the above writ petition. 5.On 14.11.2011, when the writ petition came up for admission, I directed the learned counsel for the petitioner to serve papers to the learned standing counsel for the respondent. After service, the standing counsel for the respondent produced a copy of the parawar remarks from the respondent. 6.It is seen from the parawar remarks submitted by the respondent that the process of deciding the technical eligibility of all the tenderers https://hcservices.ecourts.gov.in/hcservices/ 2 including the petitioner is now going on. Therefore the respondent has stated that the question of rejecting any one's tender based on technical eligibility does not arise at all. They have also stated that the respondent is collecting details from the other departments as well as outside agencies. As a matter of fact, the respondent has stated that since the technical eligibility is under consideration of the Tender Committee, any comments made by the respondent about the qualification of the petitioner would be inappropriate. 7.In paragraph No.11 of the parawar remarks, the respondent has stated as follows: “As the matter is with tender committee and the technical eligibility has not yet been decided, there was no question of opening the bid on 14.11.2011.” 8.The respondent has confirmed that the process of evaluating the technical bid is going on. Therefore the petitioner has no cause for concern. Hence, this writ petition is closed, in view of the above statement made by the respondent. It is open for the petitioner to furnish all the details as mentioned in the tender notification to the respondent. Consequently, connected M.Ps are closed. No costs. SD ASST REGISTRAR ( CRL SIDE ) /TRUE COPY/ SUB ASST REGISTRAR vs To The Divisional Railway Manager (Mechanical), DRM Office, Trichy, Trichy Junction, Trichy 1CC TO MR. VEERA. KATHIRAVAN, ADVOCATE, SR: 40423: DM:2011:NOVEMBER:21:: W.P.(MD)No.12968 of 2011 18.11.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/