← Library
Madras High CourtWP/9695/2026disposed of with direction

G.Prasad v. Katpadi Co-Operative Township Society Ltd

2026-03-09Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2026

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. Nos.10462, 10464 and 10465 of 2026 G.Prasad Petitioner Vs

1. Katpadi Co-operative Township Society Ltd Represented by its Authorised Officer, C.1538, The Katpadi Co-operative Township Society Ltd., No. 19, 1st East Main Road, Gandhi Nagar, Kanthithinagar, Vellore 632 006.

2.The Office of the Deputy Registrar (Housing), Vellore Region, Vellore 632 006.

3.C. Ranjithkumar 4.Revathi, 5.Saravanan, Respondents 1/7

PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 2nd Respondent dated 04.03.2026 passed at 09.00 PM rejecting the Petitioners bid (Bid ID 1626070) in E-Tender bearing Tender Reference No. KCTS/2/25-26 (Tender ID. 2026-RCSH- 6461261) and consequently to direct the 2nd Respondent to reconsider and accept the Petitioners bid/tender in accordance with law calling for the records pertaining to the impugned Award of Contract (AOC) orders dated 04.03.2026 at 09.53 PM accepting the bids of the 3rd, 4th, 5th Respondents For Petitioner : Mr.Nithyesh Natraj for Mr.Vaibhav R. Venkatesh For Respondents : Mr. Richardson Wilson for R1 Mrs.E. Ranganayagi for R2

ORDER

This writ petition has been filed seeking to quash the E-Tender Notice No.KCTS/2/25-26 (Tender ID. No.2026_RCSH_646126_1) titled "Sale of Residential plot and the consequential order dated 04.03.2026 accepting the bids of the respondents 3 to 5, and for a consequential direction to the 1st respondent to reconsider the petitioner's bid in accordance with law.

2. It is averred that the 1st respondent is the "The Katpadi Co-operative Township Society Ltd.) ("the Society"), a Co-operative Society registered under the Tamil Nadu Co-operative Societies Act, 1983. It is further stated that 2/7

the 2nd respondent invited online bids for the sale of house sites belonging to the said Society. The E-Tender was published on the NIC e-Tender platform of the 2nd respondent. The key timelines stipulated in the tender notification were as as follows :- (a) Date of starting of e-tender for submission of online bid : 26.01.2026 at 4:30p.m.

(b) Last date of submission of EMD : 26.02.2026 at 4.30 p.m. (c) Date of closing of online tender for submission of bid: 26.02.2026 at 4:30PM and (d) Date and time of opening of tender electronically : 27.02.2026 at 4:30PM

3. According to the petitioner, he submitted his bid through the online portal on 26.02.2026 at 03:23p.m. (Bid ID No.1626070), well within the stipulated deadline. The requisite EMD amount was also remitted and the payment was successfully received and acknowledge by the 2nd respondent. The petitioner claims to have complied with all the required tender formalities. 3/7

4. It is further stated that the technical bid for the said tender was opened on 27.02.2026 at 4.51p.m. Four bidders were qualified for the said tender. However, the petitioner's bid was rejected on the ground that the bidder had not submitted a bank statement for the six months. Challenging the said rejection order of the 2nd respondent dated 04.03.2026, this writ petition has been filed.

5. Learned counsel for the petitioner submitted that there is no specific clause or condition in the tender document mandating submission of a bank statement for six months or for any specific period. Thus he argued that the post-facto introduction of such a condition is illegal, arbitrary and in violation of Section 5 and 7 of the Tamil Nadu Transparency in Tenders Act, 1998. He further contended that a condition which was not part of tender document cannot be enforced against the petitioner, as the same would result in arbitrariness.

6. Per contra, learned counsel for the 2nd respondent submitted that the bidder is required to comply with all mandatory requirements for qualifying in the tender process and that the rejection of the petitioner's bid was in accordance with the tender conditions. Further, he seeks time to file counter. 4/7

7. This Court heard the rival submissions made by learned counsel on either side and perused the entire records. The writ petition is at the admission stage and the respondents seeks short accommodation for filing their counter affidavit.

8. At this juncture, learned counsel for the petitioner submitted that without prejudice to the rights and contentions of the petitioner, the petitioner may be permitted to avail the alternative statutory remedy available under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998, to which learned counsel for the respondents have no objection.

9. Recording the aforesaid stand of the parties, this Court without going into the merits of the contentions issues the following directions :- i) The petitioner is at liberty to avail the alternative remedy available under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998, by submitting a representation / appeal before the competent authority, within a period of one week from the date of receipt of a copy of this order.

ii) If any such representation / appeal is filed, the competent authority shall consider and pass appropriate orders, in terms of 5/7

timelines prescribed under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998.

10. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 09.03.2026 Note : Upload on 10.03.2026 Index : Yes / No Speaking Order / Non-speaking order vsi2 6/7

M. DHANDAPANI, J.

vsi2

1. Katpadi Co-operative Township Society Ltd Represented by its Authorised Officer, C.1538, The Katpadi Co-operative Township Society Ltd., No. 19, 1st East Main Road, Gandhi Nagar, Kanthithinagar, Vellore 632 006.

2.The Office of the Deputy Registrar (Housing), Vellore Region, Vellore 632 006.

and W.M.P. Nos.10462, 10464 and 10465 of 2026 09.03.2026 7/7