T.Jeyakodi v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.6143 of 2018 1.T.Jeyakodi 2.R.Revathi 3.R.Devahi 4.J.Parameshwari ...

Petitioners Vs.

1. The Managing Director, TWAD Board, Kamarajar Salai, Chepauk, Chennai 5.

2. The Chief Engineer, TWAD Board, Madurai 7.

3. The Superintending Engineer, TWAD Board, Madurai, Dindigul, Theni Circle, Madurai

4. The Executive Engineer, TWAD Board, RWS Division, Madurai 4.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 4th respondent not to accept tenders from private vehicle owners private agencies and service providers who are not registered as contractors under the respondents for hiring of private vehicles for daily official utilities under outsourcing method and to accept tenders from the registered contractors like petitioners under respondents for hiring of private vehicles for daily official utilities.

For Petitioners : Mr.S.Balamurugan For Respondent : Mrs.Porkodi Karnan Standing Counsel

ORDER

1.According to the petitioners, they are registered contractors for the supply of vehicles through the respondents for their official daily utilities and earlier, they have awarded such contracts. Now, all of a sudden, the respondents have decided to change the policy by calling for a public tender with a restriction that one tenderer should provide one vehicle. https://hcservices.ecourts.gov.in/hcservices/

2.Learned counsel appearing for the respondents would submit that the Board has changed its policy by calling for public tender for providing vehicle to official daily utilities and the tender will be opened on 27.03.2018.

3.Admittedly, invitation to tender as well as the terms and conditions incorporated thereof are not open for judicial scrutiny. In contractual matters, judicial interference is limited. Unless, it is shown that the decision making process is against the well settled principles of law, arbitrary or bias, this Court cannot interfere in exercise of powers under Article 226 of the Constitution of India.

4.Accordingly, the writ petition is dismissed. However, it is always open to the petitioners to participate in the auction scheduled to be held on 27.03.2018. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar +1cc to Mrs.Porkodi Karnan, Advocate Sr.No.57685 +1cc to Mr.S.Balamurugan, Advocate Sr.No.57139 SMS VB/SKN/RSK/SAR4/12.04.2018/2P/3C Writ Petition (MD) No.6143 of 2018 22.03.2018 https://hcservices.ecourts.gov.in/hcservices/