ORDER :

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of certiorarified mandamus to call for the entire records relating to the cancellation of e-tender reference No.AAICLAS/MAA/3309/2018 dated 25.06.2018 on the file of the third respondent and quash the same and directing the respondent to award the tender in favour of the petitioner since he is the highest bidder.

The present writ petition is filed against the proceedings of the third respondent dated 25.06.2018 in canceling the tender issued for the work of granting license for management of car/truck parking service at Integrated Air Cargo Complex and Allied areas, AAICLAS at Chennai Airport. Consequently, the petitioner seeks for a direction to the respondents to award the tender in their favour, being the highest bidder.

2. The case of the petitioner is as follows:

The petitioner has been handling parking managements both in passengers and cargo airports for several years in almost all airports spreaded over India. The third respondent called for E-tender for license for management of car/truck parking services at Integrated Air Cargo complex and allied areas, AAICLAS, Chennai Airport vide Reference No.AAICLAS/MAA/3309/2018. The petitioner submitted their E-tender on 19.05.2018 along with necessary fees. There were two other bidders apart from the petitioner. The petitioner followed all the procedures and submitted all the required documents with a tender application. After scrutinizing the E-tenders submitted by all the three tenderers, the Airport Authorities had accepted the petitioner's technical bid on 22.06.2018, while rejecting the other two tenderers for the reason that they have not submitted documents as per notice inviting tender. After finalizing the technical bid on 22.06.2018, the petitioner's financial bid was also opened and the same was also accepted by the Authorities. The petitioner has quoted a sum of Rs.40,10,940/- per month, which is much higher than the basic price of Rs.33,52,500/- fixed by the Authorities. Once the financial bid is accepted, the tender process has become final. The petitioner had executed and submitted an affidavit as required by the third respondent describing the details of their contracts at Airports/offices controlled by the Airport Authority of India. After finalising the financial bid, the third respondent forwarded the tender documents to the second respondent for issuing necessary orders. However, in the website of the third respondent, it was noted that the subject matter tender has been cancelled followed by returning the earnest money deposited by the petitioner. The third respondent also sent a letter to the petitioner on 25.06.2018 stating that the subject tender is cancelled. Such cancellation is without any notice, reasonable cause or reason. After canceling the E-tender, the third respondent called for new E-tender on 02.07.2018. Hence, the present writ petition.

3. The second and third respondents filed a counter affidavit.

4. The case of the respondents is as follows:

It is true that the set off price for tender was fixed to Rs.33,52,500/-. It is also admitted that the financial bid of the petitioner was Rs.40,10,940/-. The other two tenderers, who participated in the tender, did not qualify even in the technical bid and thus, the financial bid of the petitioner could not be accepted, as there was no competitive pricing. The tender bid of the petitioner was not accepted as per general information/guidelines and specific instructions of the notice inviting tender. The third respondent is well within its right to cancel the tender at any stage and the petitioner has no vested right to demand acceptance. After canceling the tender, the earnest money deposited by the petitioner was also returned to them. There is no necessity to issue a separate notice to the petitioner before canceling the tender, as the cancellation was more in the public interest and from the revenue p