The central legal point established in the judgment is that interference in tender matters is permissible only if the process is mala fide, arbitrary, irrational, or affects public interest.

R. Hemalatha, J.

1. This Writ Petition has been filed as a Public Interest Litigation in the nature of Writ of Certiorari calling for the records relating to the impugned order issued by the fourth respondent, the Commissioner of Tuticorin City Municipal Corporation in Tender No. H1/2275/2017 dated 06.12.2017 and to quash the same.

2. The petitioner is the President of Consumer Protection Organization. The impugned order which is sought to be quashed is a tender notification in a leading newspaper inviting applications for engaging 600 sanitary workers in 4 packages for the municipal solid waste management service within Tuticorin city municipal corporation with respect to door to door collection of solid waste, road/street sweeping, drain cleaning and storage of waste at designated collection points on contract basis for a period of one year for an estimated value of Rs.11,06,00,000/-.

3. The main apprehension of the petitioner is that the tenders for the years 2013 to 2015, clearly mentioned the ward numbers in the tender, whereas, the impugned tender did not mention the ward numbers and therefore alleged that the Commissioner, the fourth respondent herein deliberately concealed the same and hence, the impugned tender is “tainted with trickery”. Further the petitioner has contended that this tender “would definitely create a great chaos in the tender process”. His further contention is that the tender amount of Rs.11,06,00,000/- was exorbitant for merely one portion of work and therefore, is arbitrary, illegal, unreasonable and unconstitutional.

4. The fourth respondent in his counter has categorically contended that the existing solid waste management had to be raised to a new decentralised solid waste management system in which the waste were segregated as biodegradable and non-biodegradable and disposed through a machinery in the respective places instead of the present system of centralised dumping of waste causing ecological damage. The fourth respondent has also opined that the revised wages for the labour and cost of machinery/equipments for the new system etc., was the reason for the difference in the cost vis-a-vis the existing cost. It has also been clarified by the fourth respondent that the new system is to be implemented in the four zones viz., east, west, north and south and that the new system is in line with “Swachch Bharat Abhiyan” or Clean India Mission (in English) introduced by the Central Government and that the new system worked out to be very cost effective compared to the existing scheme and the writ petition to be dismissed on the above facts.

5. The apprehension of the petitioner is that the tax payers' money would be squandered if the impugned tender is not quashed. Mr. Isaac Mohanlal, learned senior counsel appearing for the petitioner would contend that the fourth respondent in order to circumvent the stay granted in W.M.P.(MD)No.14600 of 2017 in W.P.(MD)No.18134 of 2017, filed by a social activist Mr. S.R. Sreeram, has cleverly concealed the particulars of ward numbers in the impugned tender notification. On a perusal of the said order, it is clear that the order pertains to Nagarcoil Municipality and no further details are available in the order.

6. Mr. K. Chellapandian, learned Additional Advocate General, appearing for the fourth respondent would contend that the decision to outsource by hiring workers was taken vide Council Resolution Nos.83 and 84 dated 19.09.2017 and that all the prescribed formalities were scrupulously followed for the same before the publishing of the e-tender. Further the system of primary collection and dumping at a collection spot and then secondary collection and moving to a dumping yard is a highly inefficient method of waste management causing ecological imbalance and involves more cost. In fact, the break up of cost in the new revised system has also been furnished by the fourth respondent. This system was in the process of getting phased out by all the urban