Solaimalai v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.17782 of 2024 Solaimalai, S/o.Pitchaikannu ... Petitioner -vs1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Chennai Metro Rail Administrative Office, Poonamallee High Road, Koyambedu, Chennai - 600 107.

2.Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur Region, Thanjavur.

3.Kandasamy & Co., Door No.2/70, A/6, GSK Complex, Near Old RDO Office, Kozhinjipatti, Andagalur Gate - 637 401, Rasipuram Taluk, Namakkal District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent issued in proceedings nr.K.f.vz;.G3/9394/2023 dated 24.06.2024, quash the same and consequently, direct the respondents 1 and 2 to issue a fresh tender.

For Petitioner : Mr.T.M.Madasamy For R1 and R2 : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.G.Mohankumar Standing Counsel

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Certiorarified Mandamus calling for the records of the second respondent issued in proceedings nr.K.f.vz;.G3/9394/2023 dated 24.06.2024, quash the same and consequently, direct the respondents 1 and 2 to issue a fresh tender.''

2. Admittedly, the petitioner was not a participant in the tender process. The third respondent as the L1 tenderer has been awarded the contract

after negotiations. The petitioner now claims that the Thanjavur Taurus Lorry Owners Association, Thanjavur, was performing the same work that has now been granted to the third respondent at a lower price. However, this alone does not provide a valid ground for allowing a person, who did not participate in the tender process to challenge it.

3. The Hon'ble Supreme Court in Travancore Devaswom Board vs. Ayyappa Spices and others reported in 2024 SCC OnLine SC 244, has categorically held that a non-tenderer cannot be allowed to challenge the tender process.

4. In view of the same, we do not find any merit in the Writ Petition. The Writ Petition fails and it is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 03.09.2024 smn2

To:- 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Chennai Metro Rail Administrative Office, Poonamallee High Road, Koyambedu, Chennai - 600 107.

2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur Region, Thanjavur.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 and W.M.P.(MD)No.17782 of 2024 03.09.2024