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R. SURESH KUMAR
R. T. E. T. I. Environtech Private Limited, Represented by its Authorised Signatory, Gandhinagar, Gujarat – Appellant
Versus
Government of Tamil Nadu Highways and Minor Ports Department – Respondent
ORDER :
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to TRP No.59/2019/DO-1/Dt. 29.01.2020 for award of tender by the second respondent to the fourth respondent, for providing Safety Roller Barrier with Ethylene Vinyl Acetate (EVA) Rollers at Km 6/6, 7/10, 8/6, 8/10 of Thalaikundha Kallatty Theppakkadu Road (MDR 700) in pursuant to the Tender Notice No.11/2019-20/HDO/Dated 04.10.2019 for a value of Rs.87,16,788/- ("Tender-I") and quash the same and direct the Respondent No.2 to re-tender the contract for Providing Safety Roller Barrier with Ethylene Vinyl Acetate (EVA) Rollers at Km 6/6, 7/10, 8/6, 8/10 of Thalaikundha Kallatty Theppakkadu Road (MDR 700) in accordance with the Tamil Nadu Tender Transparency Act, 1998 and the Rules made thereunder in a fair and transparent manner after prescribing neutral technical specifications.
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
The main legal point established in the judgment is the limited scope of judicial review in tender conditions, emphasizing the authority of the tendering entity to interpret and appreciate its requir....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
Point of Law : Court would not sit in the arm chair of experts or the Tender Scrutiny Committee, which has scrutinized and found the 3rd respondent to be responsive and had to be awarded the contract....
The main legal point established in the judgment is the requirement for transparency and adherence to tender regulations, including the need for valid qualifications in the technical bid, as per the ....
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