Writ petition challenging rejection of bid in e-tender process. Petitioner alleged violation of a five-day complaint cooling period before declaration of successful bidder. Court held procedure was followed and dismissed the petition.
Dismissal of the Writ Petition without costs and closing of the Miscellaneous Petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.14863 of 2017 and
W.M.P.No.16106 of 2017
Mr.A.Senthil Kumar
.. Petitioner
Vs.
1. The Secretary,
Rural Development & Panchayat Raj Department,
Government of Tamil Nadu, Chennai.
2. District Collector,
Chairman-District Rural Development Agency
Collectorate, Salem.
3. Project Director, District Rural Development Agency
Collectorate, Salem
4. M/s.Valampuri Industries
Rep. by its Proprietor Mr.M.Ramamoorthy
No.2B, Thiyagi Kumaran Street,
P.N.Puodur, Coimbatore-641 041.
(Impleaded as per order dated 05.10.2017
in W.M.P.No.17208 of 2017 in W.P.No.14863 of 2017)
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear respondents 2 and 3 herein from proceeding with the e-Tender process with regard to Tender Ref: Roc.No.389/2017/A6 without including the petitioner's bid submitted by M/s.SURYA Industries and further direct the respondents to consider the petitioner's bid afresh before making a final decision with regard to Technical Bid.
For Petitioner : Mr.S.Manuraj For Respondents: Mr.K.Venkatramani,
Addl. Advocate General,
assisted by Mr.P.V.Selva Kumar, Addl.G.P.for RR-1 to 3 Mr.S.Dhassaiya for R-4
ORDER
The petitioner has come forward with above Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents 2 and 3 herein from proceeding with the e-Tender process with regard to Tender Ref: Roc.No.389/2017/A6 without including the petitioner's bid submitted by M/s.Surya Industries and further direct the respondents 1 to 3 to consider the petitioner's bid afresh before making a final decision with regard to the Technical Bid.
following which there will be a period of 5 working days during which any Bidder may submit complaint which shall be considered for resolution before opening of Part II of the bid. Any complaint shall be dealt with in accordance with complaint handling protocol as available on the e-procurement portal, www.tntenders.gov.in", the complaint shall be dealt with in accordance with the complaint handling protocol as available on the e-procurement portal. It is further submitted by the learned counsel for the petitioner that without waiting for the cooling period of five days, the respondents, in order to help the henchmen, has declared the successful bidder and by stroke of a pen, rejected the request of the petitioner.
Technical Bid (Pre-qualification) Two Cover System, there should be a waiting period of five days, as the petitioner's request had been rejected on the very next day, the petitioner cannot have any grievance and contend that they have to wait for a period of five days, even though there is possibility of other unsuccessful bidders to make a complaint. The petitioner can confine the relief only to himself and not plead for others who are not before this Court, even though the successful bidder had been impleaded as fourth respondent on his own application before this Court.
s/dAssistant Registrar(CS-III)
True Copy
Sub-Assistant Registrar
cs
To
Rural Development & Panchayat Raj Department, Government of Tamil Nadu,
Chennai.
W.P.No.14863 of 2017
NMI(CO)
SP(10/11/2017)
2 issues framed by the court
Whether the tender authority violated the procedural requirement of a five-day complaint period before declaring the successful bidder.
Whether the petitioner's objection filed within the technical bid evaluation period merits injunction against the e-tender process.
Mr. A. Senthil Kumar
The Secretary, Rural Development & Panchayat Raj Department, Government of Tamil Nadu
District Collector, Chairman-District Rural Development Agency
Project Director, District Rural Development Agency
M/s. Valampuri Industries
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
