Writ petitions challenging e-tender conditions dismissed for lack of eligibility; petitioner incorporated in December 2024 could not meet one-year experience requirement; conflict between tender clauses resolved by respondent's clarification that "from 2022-2023" means "after 2022-2023".
None ¶¶52-¶53
The petitioner was incorporated on 02.12.2024 and does not satisfy the one-year experience requirement under Clause 6, thus lacks the basic qualification to challenge the tender conditions. ¶¶48-¶51
W.P.Nos.32861 & 32864 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
Writ Petition Nos.32861 and 32864 of 2025 and WMP Nos.36804, 36806, 36810 and 36811 of 2025
SKR Transports Pvt Ltd Rep. By Its Managing Director, Sanjai Ram.N. No.9, Sriram Nagar, Sathuvachari, Vellore -632009
... Petitioner in both the Petitions
Vs.
The Tamil Nadu Cooperative Marketing Federation Limited
Rep. by its Additional Registrar/Managing Director, No.91, St. Maries Road, Chennai-600 018.
... Respondent in both the Petitions
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the E-Tender Notice dated 11.08.2025 bearing Tender Advertisement No.846/2025/FM5 for (i) Tiruvannamalai region, (ii) Vellore region respectively on the file of the Respondent herein and to 1/7
W.P.Nos.32861 & 32864 of 2025
quash Annexure-II stipulating that experience certificate in the said format be issued for the period 2022-2023 or thereafter, as irrational arbitrary and illegal and consequently direct the Respondent to consider the Petitioner's bid with past experience certificate in accordance with law without insisting upon such experience certificate for the period 2022-2023.
For Petitioner : Mr.J.Ravikumar (in both the petitions)
For Respondents : Mr.K.Tamilvendan, (in both the petitions) Government Advocate
COMMON ORDER
The petitioner, in both the petitions, challenges the E-Tender
notification floated by the respondent bearing Tender Advertisement No.846/2025/FM5 dated 11.08.2025. The short point involved in the Writ
Petitions is the apparent conflict that exists between Clause 6 (,) and
Annexure II to the Tender Form. For ready reference, the details are extracted hereunder:
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W.P.Nos.32861 & 32864 of 2025
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ANNEXURE – II
(Experience Certificate to be issued for the period from 2022-2023 or thereafter )
TO WHOMSOEVER IT MAY CONCERN
This is to certify that Thiru/Thirumathi/Messers
......................... has been our Transport Contractor during the period from ............... to ............... and handled our Wagon clearance operations, handling of Loading and Unloading operations and Transport Operations. The Value of Contract in the above period is to the value of about Rs.................... (Rs. In lakhs)
Designation of the Officer Signing the Certificate with the name of the Company and Seal
Station:
Date:
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W.P.Nos.32861 & 32864 of 2025
Government Advocate to file his counter. The learned Government Advocate points out that there is a confusion between Clause 6 (,) and Annexure II. On instructions, he states the words “from 2022-2023” in Annexue II must be read as “after 2022-2023”. On the factual aspect, Mr.K.Tamilvendan, learned Government Advocate submits that the petitioner was incorporated on 02.12.2024. Hence, the period of one year from the date of incorporation is completed only on 01.12.2025. Therefore, the petitioner does not satisfy the requirements of Clause 6 (,) set forth above.
the records.
W.P.Nos.32861 & 32864 of 2025
tenderer must have at least one year experience. As the petitioner does not have the said experience, it is not open to him to challenge the conflict between Clause 6(,) and Annexure II. In any event, in the light of the clarification given by Mr.K.Tamilvendan on the words found in the Annexure, the grievance voiced out by the petitioner does not exist. As the petitioner does not have the basic qualification, I am not inclined to grant him any relief other than the above observation on the words in the Annexure II.
costs. Consequently, the connected miscellaneous petitions are closed.
11.09.2025
jv Internet : Yes Index : Yes/No Neutral Citation : Yes/No Speaking order/Non Speaking order
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W.P.Nos.32861 & 32864 of 2025
To
The Additional Registrar/Managing Director, Tamil Nadu Cooperative Marketing Federation Limited No.91, St. Maries Road, Chennai-600 018.
6/7
W.P.Nos.32861 & 32864 of 2025
V. LAKSHMINARAYANAN, J.
jv
Writ Petition Nos.32861 and 32864 of 2025
11.09.2025
7/7
2 issues framed by the court
Whether there is a conflict between Clause 6 and Annexure II of the tender document regarding the experience certificate requirement for the period 2022-2023 or thereafter.¶¶21-¶24
The petitioner was incorporated on 02.12.2024 and does not satisfy the one-year experience requirement under Clause 6, thus lacks the basic qualification to challenge the tender conditions.ratio¶¶48-¶51
Whether the petitioner, incorporated on 02.12.2024, has the requisite one-year experience to be eligible to challenge the tender conditions.¶¶44-¶45
2 provisions across 2 enactments
How this case reached the court
E-Tender notification floated by the respondent bearing Tender Advertisement No.846/2025/FM5 dated 11.08.2025¶¶21-¶23
Tamil Nadu Cooperative Marketing Federation Limited · 11.08.2025
Court entertained the Writ Petition and directed the learned Government Advocate to file his counter.¶¶44-¶45
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
