R. Jayapal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.6840 and 6842 of 2025 R.Jayapal ... Petitioner -vs1.The District Collector, Theni District, Theni.
2.The Assistant Director, Town Panchayat, Collectorate, Theni.
3.The Executive Officer, Thevaram Town Panchayat, Uthamapalayam, Theni District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned Short Term Tender Notification in Na.Ka.No.45/2025 dated 25.03.2025, issued by the third respondent and quash the same as illegal. For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the impugned tender notification in Na.Ka.No.45/2025, dated 25.03.2025, issued by the third respondent.
2. By consent, the Writ Petition is taken up for final disposal at the admissions stage itself.
3. The petitioner submits that the third respondent, without issuing any paper publication and without following the Tamil Nadu Transparency in Tenders Act, 1998 and the Rules made thereunder, announced the tender through the impugned short-term tender notification in Na.Ka.No.45/2025, dated 25.03.2025. The tender was scheduled for 02.04.2025 (today). Hence, the petitioner has filed the present writ petition.
4. The learned Additional Government Pleader appearing for the respondents submit that the petitioner's allegations are without merit and should be dismissed. The tender process was duly conducted in accordance with the applicable rules and procedures. The date of the tender was announced in a
transparent manner and adequate time was provided for all the interested parties to submit their bids. The petitioner's claim that only short time was given to participate is baseless, as the tender announcement was made well in advance and all necessary details were published on 25.03.2025, giving sufficient time for potential bidders to prepare. The respondents have followed all relevant guidelines and the tender process is being conducted in good faith. The petitioner will be permitted to participate in the tender process, which is scheduled to be held on 02.04.2025 (today).
6. At this juncture, the learned counsel for the petitioner submits that the petitioner may be granted two days' time to submit the demand draft towards the earnest money deposit.
7. Heard both sides.
8. Considering the above submissions, this Court is of the view that the petitioner's prayer is vague and misconceived. The tender process has been conducted in a fair and transparent manner. The petitioner's claim of insufficient time to participate is found to be without merit, as the notice was issued well in
advance and in compliance with the applicable rules. If the petitioner is interested, he may still participate in the tender process on 02.04.2025 (today) under the same terms and conditions applicable to other bidders. There is no legal basis to halt or delay the tender at this stage. Hence, the petitioner's prayer for staying the tender process is hereby rejected. Insofar as the earnest money deposit is concerned, the petitioner is granted two days time to submit the same, i.e., on or before 04.04.2025. It is made clear that in the event, if the petitioner is selected as the successful bidder in the tender, failure to produce the demand draft within the stipulated period, will result in rejection of his candidature.
9. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No 02.04.2025 Index : Yes / No smn2 To:- 1.The District Collector, Theni District, Theni.
2.The Assistant Director, Town Panchayat, Collectorate, Theni.
3.The Executive Officer, Thevaram Town Panchayat, Uthamapalayam, Theni District.
VIVEK KUMAR SINGH , J.
smn2 02.04.2025