W.P.(MD)No.30623 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 31.01.2025 PRONOUNCED ON : 28.04.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.30623 of 2023 K.Manikandan ... Petitioner Vs. 1.The District Collector, Kanyakumari District, Kanyakumari. 2.The Superintending Engineer, Town Panchayats, Tirunelveli Circle, Tirunelveli. 3.The Assistant Director, Town Panchayats, Kanyakumari District, Nagercoil. 4.The Executive Officer, Kadayal Grade-I Town Panchayat, Kanyakumari District. 5.The Executive Officer, Edaicode Grade I Town Panchayat, Kanyakumari District. 6.The Executive Officer, Pacode Grade I Town Panchayat, Kanyakumari District. 1/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 7.The Executive Officer, Kaliyakkavilai Grade I Town Panchayat, Kanyakumari District. 8.Kandasamy 9.Bathurunisha 10.Sasikumar 11.Remadevi 12.Bosin 13.P.Jayasingh 14.P.Jayakumar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No. 1 to 3 to take necessary action against the respondents No.8 to 14 and block list the contractors / respondents No.13 and 14 for submitting the fabricated work completion certificate / documents for the above said tenders, based on the petitioner's representation dated 25.09.2023. For Petitioner : Mr.T.Lajapathi Roy, Senior counsel, Mr.C.Bharathi For R-1 to R-7 : Mr.P.Veerakathiravan, Additional Advocate General, Assisted by, Mr.S.Kameswaran, Government Advocate For R-13 : Mr.Puhazh Gandhi 2/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 ORDER W.P.(MD)No.30623 of 2023, this writ petition is filed seeking to direct the respondents 1 to 3 to take necessary action against the respondent Nos.8 to 14 and block list the contractor/respondents No.13 and 14 for submitting the fabricated birth completion certificate / documents for the tenders cited in the petitioner's representation dated 25.09.2023. 2.The petitioner is a Government State Level Class I contractor for the National Highways Department. The Executive Officer, Kadayal Grade-1 Town Panchayat, who is the 4th respondent herein had floated the tender vide proceedings in Na.Ka.no.15/2023/Al dated 10.07.2023 under State Finance Commission (Urban Roads Development Fund) Scheme 2023-2024 for laying interlock Road paver Block from Maruthamparai to Ganapathikal Road (Aarkani-Kaliyal connecting Road). The Estimate Value of the tender is Rs.220 Lakhs. 3.The Executive Officer, Pacode Grade-I Town Panchayat, who is the 6th respondent herein had floated the tender vide proceedings in Na.Ka.No.166/2023/A1 dated 18.07.2023 KNMT Scheme 2023-2024 for laying interlock Road paver Block from Pacode Town Panchayat Kulivilai to Melanducode Kattu kulam Road, Parayanvilai, Naduthalaveetuvilai, 3/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 Kuppotukulam Uralivilai Road, Thenkankoodalvilai Mathiravilagam Road, Kavankulam Kovil Vattam Road and Sivankovil - Mattrathuvilai Road. The Estimated Value of the tender is Rs. 106.00 Lakhs. 4.The Executive Officer, Kaliyakavilai Grade-I Town Panchayat, who is the 7th respondent herein had floated the tender vide proceedings in Na.Ka.No.271/2023/A1, dated 05.07.2023, under KNMT Scheme 2023-2024 for laying interlock Road paver Block from Thoppuvilai Eruthavur Road, Nambikai Alayam Idavilagam Road, Mudhuvallikulam - Pilamannaravilai Road. The Estimate Value of the tender is Rs. 110.00 Lakhs. 5.The Executive Officer, Edaicode Grade-I Town Panchayat, who is the 5th respondent herein had floated the tender vide proceedings in Na. Ka.No.207/2023/A1 dated 09.08.2023 under State Finance Commission (Urban Roads Development Fund) Scheme 2023-2024 for laying interlock Road paver Block from Pandavilai - Sekkitavilai Road, Panavilai - Pilavilai Road, Thodupattuvilai, Panankuzhi Road, Kallampotrai Road, Melpuram High Road, Pathirikulam Pulluvilai Via, Alappancode Arch Road, Kottuvilagam R.C, Church Road, Kuruthenguvilai Road, Thanapalathattuvilai Theppakulam Odalvilai Road, Muthappancode Mohan Hospital Salai. The Estimated Value of 4/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 the tender is Rs.312.00 Lakhs. 6.Certain common conditions were prescribed by the respondents No.4 to 7 in those tenders are as follows: a. the contractor should have an annual minimum financial turnover of not less than one and half times of estimate/package value put to tender in a financial years in the preceding 3 years 2020-2021,2021-2022 2022-2023 b. The Contractor should have completed satisfactorily completed within the agreement date Paverblock work within the agreement date Paver block work not less than 50% of the value put to tender under a single Agreement in any one of the preceeding 3 years 2020-2021,2021-2022 and 2022-2023. c. Should own or possess on lease of necessary machineries relating to tender work. 7.The respondents No.13 and 14 have filed their tender documents in the online tender process, the Work Completion Certificate dated 29.11.2021 issued by the Executive Officer, Verkilambi 5/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 Town Panchayat, showing that the respondent No.13 has undertaken works relating to laying of interlocking paver block works in sengodi pattanamkal Channel to Iluppakalvillai connecting road and the estimated value of the work is 121.10 Lakhs. 8.Similarly another Work Completion Certificate dated 29.11.2021 has been issued by the Executive Officer, Verkilambi Town Panchayat has been enclosed showing that the respondent No.13 has undertaken works relating to laying of interlocking paver block works in sengodi pattanamkal Channel to Illuppakalvillai connecting road and the estimated value of the work, is Rs.20,00,000/-. 9.Since the documents referred by the 13th respondent was inconsistent, the petitioner måde a representation to the Executive officer Verkilambi Town Panchayat on 14.09.2023 seeking geniuness of the document submitted by the Respondent No.13 herein, the Executive officer of the Verkilambi Town Panchayat through his proceedings in Na.ka. No.333/2023/A1 dated 14.09.2023 had clarified that the works relating to laying of interlocking paver block works in sengodi pattanamkal Channel to Iluppakalvillai connecting road and the estimated value of the work is Rs.20,00,000/- was done by one namely P.Jayakumar/14th respondent, Contractor, Sonamamvillai, 6/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 Kurumathur, Kulithurai Post, Kanyakumari District, who is the brother of the said 13th respondent and no work completion certificate for the above works at an estimated cost of Rs.121.10 Lakhs vide receipt no. 114/08.10.2021 was never issued by the concerned Virakilambi Panchayat. 10.Similarly, the 13th respondent filed his above said tenders through online, the work completion Certificates for the works relating to laying of interlocking paver block works in Ayar Zion nagar and Punitha Anthoniyar Colony Alphonsa House to Alwaaris Asiriyar House at an estimated cost of Rs. 145 Lakhs that upon enquiry the Commissioner of Kollemkode Municipality had stated in proceedings No.Na.ka. No.3072/2023/E1 dated 14.09.2023 that the Bill Payment Voucher (BPV) No. 117/10.06.2020 has been issued in respect of Corona Virus prevention to a tune of Rs. 3600/- and further no such works were called for by the erstwhile Ezhudesam Town panchayat and the certificate produced by the 13th respondent is fabricated one. 11.The respondents No.13 and 14 have participating in the above said tenders, with producing the fabricating documents and the same was notify the petitioner to the respondents No.4 to 7 herein, but, the respondents No.4 to 7 were colluded with the respondents No. 13 and 7/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 14, without verifying the documents produced by them and awarded contract to them. Hence, the petitioner added the respondents No.8 to 12 herein personal capacity of the respondents No.4 to 7 herein. 12.The petitioner made a representation dated 25.09.2023 to the respondents No.1 to 3 herein and copy was also sent other official respondents. The same was received by the respondents No.1 to 3, but there was no action on the petitioner's representation till date. The respondents No.8 to 12 are permitting the respondents No. 13 and 14 to participate the tender with fabricating documents till today. The respondents No.1 to 3 herein neglected their statutory duty to take action against the respondents No.8 to 14 herein. Hence, this writ petition is filed. 13.Considering the limited scope of the relief sought for herein this Court without going into the merits of the contentions raised by the writ petitioner in his representation dated 25.09.2023, this Court hereby direct the respondents 1 to 3 to consider the petitioner's representation dated 25.09.2023 after putting on the respondents 4 to 7 and 13 and 14 on notice and after giving an opportunity of hearing to the writ petitioner and all the stakeholders and pass appropriate orders in accordance with law within a period of 8/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 sixteen (16) weeks from the date of receipt of a copy of this order. 14.Accordingly the writ petition stands allowed. No costs. 28.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Collector, Kanyakumari District, Kanyakumari. 2.The Superintending Engineer, Town Panchayats, Tirunelveli Circle, Tirunelveli. 3.The Assistant Director, Town Panchayats, Kanyakumari District, Nagercoil. 4.The Executive Officer, Kadayal Grade-I Town Panchayat, Kanyakumari District. 5.The Executive Officer, Edaicode Grade I Town Panchayat, Kanyakumari District. 6.The Executive Officer, Pacode Grade I Town Panchayat, 9/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 Kanyakumari District. 7.The Executive Officer, Kaliyakkavilai Grade I Town Panchayat, Kanyakumari District. 10/11 https://www.mhc.tn.gov.in/judis W.P.(MD)No.30623 of 2023 L.VICTORIA GOWRI, J., Sml W.P.(MD)No. 30623 of 2023 28.04.2025 11/11 https://www.mhc.tn.gov.in/judis