LAWS(MAD)-2019-11-1

S. SELVARAJ Vs. SECRETARY TO GOVERNMENT DEPARTMENT

Decided On November 01, 2019
S. SELVARAJ Appellant
V/S
SECRETARY TO GOVERNMENT DEPARTMENT Respondents

JUDGEMENT

(1.) This writ petition designed as a public interest litigation seeks for issuance of a writ of certiorarified mandamus to quash the resolution passed by Kumbakonam Municipality in resolution No.329, dated 24.11.2017, awarding a tender in favour of the sixth respondent and consequentially, to direct the official respondents to insist upon the sixth respondent to pay as per PWD rates in respect of the Marriage Hall and Lodge in Murthy Auditorium and the Lodge nearby the Old Bus Stand, by following the procedures prescribed under the Tamil Nadu Transparency in Tender (Public Private Partnership Procurement) Rules 2012 (hereinafter, referred to as "the Rules"), by considering the petitioner's representation, dated 25.06.2019.

(2.) The petitioner would state that the award of contract in favour of the sixth respondent under the Public - Private Partnership Scheme has caused great loss to the respondent Municipality as the contract had been awarded in favour of the sixth respondent for a very paltry sum of Rs.6,200/- per day when the value of the property, in which the Marriage Hall has been constructed, is worth several Crores and it is in the heart of Kumbakonam Town. Therefore, the sixth respondent cannot be permitted to enjoy the benefits of the Marriage Hall by paying such a paltry amount, but should direct him to pay as per P.W.D. Rates.

(3.) The above submissions were elaborately reiterated by Mr.G.Thalaimutharasu, learned counsel appearing for the petitioner.