There must be fairness and reasonableness to every person who is eligible to participate in tender proceedings to participate in tender proceedings.

This writ petition has been filed seeking a writ of certiorarified mandamus calling for the records in respect of tender notification issued by the respondent in his proceedings in Na.Ka. A1/1326/07 dated 26.07.2007 and quash the tender process pursuance to the above said tender notification and consequently, direct the respondent to call for afresh and conduct a fresh tender and proceed in accordance with law and the provisions of the Tamil Nadu Transparency in Tenders Act, 1998.

2. The petitioners case in brief, as culled out from the affidavit, runs as under:

a. The petitioner was registered as a Class I contractor with the respondent vide the proceedings of the District Collector, Villupuram dated 16.01.2006 and subsequently, its registration was renewed which is valid till 31.03.2008. While so, the respondent issued a Tender Notification in Ref.No. Na.Ka.A1/1326/07 dated 26.07.2007 and the procedure for getting tender schedule is that the respondent has to give challan to deposit the initial amount for getting schedule of tender and after deposit of the challan amount, the respondent has to give the schedule to the registered contractors, the last date for which is 06.08.2007 and the last date for opening of the tender is at 4.00 p.m. on 07.08.2007.

b. On 06.08.2007, when the petitioner entered the office of the respondent, the ruling party members, with the help of rowdy elements, prevented and assaulted the petitioner and other contractors and further, the respondent in collusion with the ruling party M.L.A., even refused to entertain the petitioner inside the office premises. In respect of assault on the petitioner and other contractors, a criminal complaint was lodged before the Thiruvennainallur Police Station at Villupuram District and in this incident, the local M.L.A. also had sustained grievous injuries. Though the petitioner had applied with the necessary prescribed fee, the respondent refused even to supply the tender documents in violation of Section 9(4) of the Tamil Nadu Transparency in Tenders Act, 1998, (in short "the Act") according to which the respondent is obligated to supply the tender documents to every intending tenderer who has applied for such a document and because of the wilful contravention of Section 9(4) of the Act by the respondent, the present writ petition.

3. The first respondent has filed counter contending that:

a. the petitioner is one of the 25 registered contractors in Tiruvennainallur Panchayat Union (in short "the Panchayat Union") and the tender notification was for the execution of works in Village Panchayats selected under AGAMT 2007-2008 in ROC No.B1/1326/2007 dated 26.07.2007 in a transparent manner as per the rules laid down in Tamil Nadu Panchayats Rules, 1998, vide G.O.286 RD (CSS-I) Dept. dated 312. 1998 and the tender notice was sent to all the 25 registered contractors of the Panchayat Union which the petitioner himself has concurred in the affidavit by stating that he had attended the Panchayat Union office on 06.08.2007 which is the last date for getting tender schedule;

b. proper arrangements were made for issuance of tender schedule to all concerned on 06.08.2007 by engaging the Extension Officer (RLEGP) and the Deputy Block Development Officer of the Panchayat Union Office and police were informed of the tender well in advance on 03.08.2007 and however, no police personnel turned up for security on the eventful day and unexpectedly, some unidentifiable miscreants entered the premises of the Panchayat Union Office at about 1.48 p.m. on 06.08.2007 and there was utter chaos and the miscreants went on rampage by demolishing the Office Sumo TN 09 G 0829 and the office of the Chairperson and immediately, the police were informed of the untoward incidents and then, they resorted to action and the tender schedules were issued to the contractors at 2.30 p.m. and a complaint was immediately lodged with the Inspector of Police, Tiruvennainallur Police Station on 06.