KESHSON Vs. SUPERINTENDING ENGINEER AND OTHERS

JUDGEMENT

(1.) W.P.(Md).No.18883 of 2014 has been filed by the petitioner seeking to call for the records pertaining to Tender Notice No.13/2014-2015/D1, dated 07.10.2014 and Tender Notice No.13/2014-2015/D1 dated 08.10.2014 on the file of the Superintending Engineer (H), C & M,(High Ways), Tirunelveli Circle, and to quash the same and consequently, to direct him to conduct a fresh tender by calling for fresh tender notification. This writ petition was filed on 19.11.2014 and when the matter is listed before the Court, initially no interim order was granted by this Court and only notice was ordered to the respondents. But, when the matter appeared in the list on 04.12.2014, this Court has passed the following order:-

(2.) Apart from the said Contempt Petition, yet another contempt petition was filed by the petitioner in Cont.P.(MD).No.608 of 2015 in respect of the alleged contempt of court arisen out of the earlier order passed by this Court in W.P.(MD).No.17967 of 2014 filed by the petitioner. While disposing the said writ petition, on 07.11.2014, this Court has directed the Divisional Engineer (Highways), Quality Control, to pass a reasoned order on the representation given by the petitioner dated 20.08.2014 with regard to the issuance of working condition certificate. But, the Divisional Engineer (Highways), Quality Control, has issued working condition certificate to enable the petitioner to participate only in "improvements to other district roads in Kuzhithurai (H) C & M Sub-Division of drainage works-packages-59 in CRDP Scheme 2014-15", and issued three other working condition certificates in respect of packages Nos.60, 62, 63, for which, according to the petitioner, working condition certificate is not even necessary. So far as the other packages is concerned, no working condition certificate was issued. Hence, the petitioner has filed Contempt Petition (MD). No.608 of 2015.

(3.) When the above writ petition and contempt petition are pending, the petitioner has filed another writ petition in W.P.(MD).No.3806 of 2015 for a mandamus to direct the official respondents 1 and 2 in that writ petition viz., the Secretary, Department of Finance and the Principal Secretary, Department of Highways and Minor Ports, to initiate action on the petitioner's representation dated 04.03.2015 and to stop all payments to the contractors pursuant to the Tender Notification No.13/2014-2015/D1, dated 07.10.2014 and Tender Notice No.14/2014-2015/D1, dated 08.10.2014. In the said writ petition, on 29.04.2015, this Court has passed the following interim order:-