Jayanthi Contractors Rep by its Proprietor v. The Senior DCM
WP(MD)/16264/2025 · 2025-06-18
C Saravanan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 143653 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143653 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(MD) No.16264 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.16264 of 2025 and W.M.P.(MD) No.12352 of 2025 Jayanthi Contractors Rep by its Proprietor S.Jeyanthi. ... Petitioner Vs
1. The Senior DCM, Thiruchirapalli Division Commercial, Southern Railway, Thiruchirappalli District.
2. The Senior Divisional Finance Manager, Southern Railway, Thiruchirappalli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records of the impugned order pertaining to the E-auction BID Sheet conducted by respondents dated 28.04.2025 in catalogue No.TPJ/PRKG/25/7 for the lot No. PARKING -TPJ-TPJ-MX-94-25-1 held on 28.04.2025 and quash the same and consequently, 1/5 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16264 of 2025 direct the respondent to return petitioner’s EMD deposit amount for a sum of Rs.11,15,556/- for the cancelled Tender along with interest at the rate of 12% p.a. For petitioner : Mr.K.Dinesh For respondents :Mr.R.Murali
Central Government Standing Counsel *****
ORDER This Writ Petition is disposed of at the time of admission, after hearing the
learned counsel for the petitioner and learned Central Government Standing Counsel for the respondents.
2. The petitioner appears to have participated in a tender that was floated on
11.04.2025. The petitioner appears to be the highest bidder. However, the contract appears to have not been awarded to the petitioner. The E-auction was also cancelled on 28.04.2024 and therefore, a fresh auction was conducted on
12.05.2025.
3. It is the case of the petitioner that the contract should be either awarded 2/5 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16264 of 2025 to the petitioner or EMD amount paid should be refunded back to the petitioner, if the contract has not been awarded to him.
4. In this connection, the petitioner has given representations, dated 13.05.2025 and 28.05.2025. It has been stated in the impugned communication that this lot has been forfeiture. If the contract is not awarded to the petitioner, although the petitioner emerged as a highest bidder, the EMD should have been refunded back to the petitioner.
5. Considering the same, there shall be a direction to the respondents to re-consider the request of the petitioner, dated 13.05.2025 and 28.05.2025 within a period of two (2) weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 18.06.2025 Internet : Yes / No apd 3/5 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16264 of 2025 To
1. The Senior DCM, Thiruchirapalli Division Commercial, Southern Railway, Thiruchirappalli District.
2. The Senior Divisional Finance Manager, Southern Railway, Thiruchirappalli District. 4/5 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16264 of 2025 C.SARAVANAN, J.
apd W.P.(MD) No.16264 of 2025 18.06.2025 5/5 https://www.mhc.tn.gov.in/judis