( 1 ) THE petitioner seeks a declaration that the action of the respondent in insisting ISI certification for the water monitor and threatening to reject the bid of the petitioner despite the undertaking to supply such an isi mark water monitor and to furnish bank guarantee, as illegal, arbitrary, mala fide and unjust. The petitioner also seeks a consequential direction to the respondent to consider the tender bid of the petitioner for supply, erection and commissioning of fire protection facilities either as per the tender dated 28-09-1999 without insisting for ISI marked water monitor or on the undertaking of the petitioner-company to supply the said ISI marked water monitor.

( 2 ) THE case of the petitioner inter alia as averred in the affidavit filed in support of the writ petition is that the respondent issued notices inviting tenders dated 28-09-1999 for supply, erection and commissioning of fire protection facilities at the work site of IOCL pipe line terminal at kappalur near Madurai to all the enlisted contractors including the petitioner. The technical specifications for supply of the monitors have been annexed to the said notices. The tenders must be in t