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Madras High CourtWP/10416/2026dismissed

T.Selvam, v. The Additional Secretary To Government,

2026-03-13Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.11287 & 11290 of 2026 T.Selvam ... Petitioner Vs.

1.The Additional Secretary to Government, Department of Rural Development and Panchayath Raj, Secretariat, St.George Fort, Chennai - 600 009.

2.The Director of Rural Development and Panchayath Raj Department, Panagal Maligai, Chennai.

3.The District Collector, Vellore District, Vellore - 632 009.

4.The Project Director, District Rural Development Agency (DRDA), Vellore District.

5.The Block Developement Officer, Block Development Office, Katpadi Union, Vellore District.

... Respondents Page No.1 of 6

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for entire records in pursuant to the tender notification issued by the 5th respondent vide No.Na.Ka.A2/555/2026 under package Tender (Two Cover System No.1/2025-2026) under the Katpadi Block Panchayath Union special fund works dated 03.03.2026 which is scheduled to be conducted on 10.03.2026 under special fund works (2025 to 26) and General Fund (2025-26) and implement the Public works Department order of cancellation of package Tender System in accordance with G.O.M.S.No.139 Public works (G2) department dated 27.09.2021 and quash the same.

For Petitioner : Ms.A.Anusuya For Respondents : Mr.K.Surendran Additional Government Pleader [R1 to R4] Mr.J.Ravindran Additional Advocate General Assisted by Mr.Sundaram Government Advocate [R5] *****

ORDER

This Writ Petition has been filed challenging the impugned tender notification issued by the 5th respondent, dated 03.03.2026.

2. Mr.K.Surendran, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 4 and Mr.J.Ravindran, learned Additional Advocate General, assisted by Mr.Sundaram, learned Government Advocate, accepts notice on behalf of the 5th respondent. Page No.2 of 6

3. The petitioner claims that package tender by combining two packages is impermissible under law as it will not enable the persons like the petitioner to participate in the tender due to the high stakes involved in participating in the tender. G.O.Ms.No.162, dated 11.08.2010 issued by the Municipal Administration and Water Supply Department enables the 5th respondent to adopt the two cover system under package tenders. The said G.O. was put to challenge earlier before this Court and the Division Bench of this Court admittedly has held the said G.O. as constitutional and upheld the same. The petitioner contends that earlier the petitioner had participated in a similiar tender and was the successful bidder, but the tender was withdrawn by the respondents and due to the same, the petitioner was not awarded contract.

4. In the present writ petition, the primary challenge of the petitioner to the impugned tender notification is with regard to the two cover system in package tenders. The petitioner's grievance is that the 5th respondent cannot combine two packages and issue a single tender notification. Since the said issue has already been upheld in favour of the Page No.3 of 6

respondents by the decision rendered by this Court by two Division Bench judgments relied upon by the learned Additional Advocate General appearing for the 5th respondent in the cases of N.Gunasekaran Vs. The State of Tamil Nadu & Ors. dated 04.11.2019 in W.A.No.3302 of 2019 and N.Chelladurai Vs. The Secretary to Government & Ors. dated 21.01.2025 passed in W.P.(MD)Nos.26373 of 2024, etc. Batch, the question of interference with the impugned tender notification at the behest of the petitioner by this Court does not arise as it has been held in the aforesaid decisions that combining of two packages and issuing a single tender notification for the same is not unconstitutional.

5. For the foregoing reasons, this Court does not find any merit in this writ petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 13.03.2026 Index : Yes Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Additional Secretary to Government, Department of Rural Development and Panchayath Raj, Secretariat, St.George Fort, Chennai - 600 009.

2.The Director of Rural Development and Panchayath Raj Department, Panagal Maligai, Chennai.

3.The District Collector, Vellore District, Vellore - 632 009.

4.The Project Director, District Rural Development Agency (DRDA), Vellore District.

5.The Block Developement Officer, Block Development Office, Katpadi Union, Vellore District.

Page No.5 of 6

ABDUL QUDDHOSE, J.

sp W.P.No.

10416 o f 2026 13.03.2026 Page No.6 of 6