This is a writ petition where the petitioner was not a participant in the tender. The High Court held that a non-tenderer cannot challenge the process post-negotiations relying on SC precedence and dismissed the writ petition.
Petition dismissed. No costs. Connected Miscellaneous Petition closed.
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.
W.P.(MD)No.20996 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.20996 of 2024 and
W.M.P.(MD)No.17782 of 2024
Solaimalai, S/o.Pitchaikannu ... Petitioner
-vs-
1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Chennai Metro Rail Administrative Office, Poonamallee High Road, Koyambedu, Chennai - 600 107.
2.Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur Region, Thanjavur.
3.Kandasamy & Co., Door No.2/70, A/6, GSK Complex, Near Old RDO Office, Kozhinjipatti, Andagalur Gate - 637 401, Rasipuram Taluk, Namakkal District. ... Respondents
_____________ Page 1 of 5_
PRAYER:
W.P.(MD)No.20996 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent issued in proceedings nr.K.f.vz;.G3/9394/2023 dated 24.06.2024, quash the same and consequently, direct the respondents 1 and 2 to issue a fresh tender.
For Petitioner : Mr.T.M.Madasamy For R1 and R2 : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.G.Mohankumar Standing Counsel
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Prayer in the Writ Petition reads as follows:-
''To issue a Writ of Certiorarified Mandamus calling for the records of the second respondent issued in proceedings nr.K.f.vz; .G3/9394/2023 dated 24.06.2024, quash the same and consequently, direct the respondents 1 and 2 to issue a fresh tender.''
2 . Admittedly, the petitioner was not a participant in the tender
process. The third respondent as the L1 tenderer has been awarded the contract
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W.P.(MD)No.20996 of 2024
after negotiations. The petitioner now claims that the Thanjavur Taurus Lorry Owners Association, Thanjavur, was performing the same work that has now been granted to the third respondent at a lower price. However, this alone does not provide a valid ground for allowing a person, who did not participate in the tender process to challenge it.
3 . The Hon'ble Supreme Court in Travancore Devaswom Board vs.
Ayyappa Spices and others reported in 2024 SCC OnLine SC 244 , has categorically held that a non-tenderer cannot be allowed to challenge the tender process.
4 . In view of the same, we do not find any merit in the Writ Petition.
The Writ Petition fails and it is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 03.09.2024 smn2
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W.P.(MD)No.20996 of 2024
To:-
Chennai Metro Rail Administrative Office, Poonamallee High Road, Koyambedu, Chennai - 600 107.
Page 4 of 5
W.P.(MD)No.20996 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.20996 of 2024 and W.M.P.(MD)No.17782 of 2024
03.09.2024
_____________ Page 5 of 5_
2 issues framed by the court
Whethet a non-participating tenderer can challenge the tender process after negotiations.
Where to direct the respondents for fresh tender.
Colour shows how this judgement treated each authority
Travancore Devaswom Board vs. Ayyappa Spices and othersRelied on¶29
Travancore Devaswom Board vs. Ayyappa Spices and others reported in 2024 SCC OnLine SC 244 · Who else cites this
Solaimalai
The Managing Director, Tamil Nadu Civil Supplies Corporation
Senior Regional Manager, Tamil Nadu Civil Supplies Corporation
Kandasamy & Co.
R. Subramanian
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
