The judgment underscores the significance of complying with tender conditions, the limited scope for judicial interference in tender processes, and the availability of appeal mechanisms under Section 11 of the Tamil Nadu Transparency in Tender Acts.

JUDGMENT

(Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the tender notification issued by the third respondent in Na.Ka.No.39/2022/A1, dated 20.04.2022 and to quash the entire process of tender, as illegal and further, to direct the respondents herein to allot the tender on the basis of lowest bid price to the petitioner for the Solid Waste Scheme of Mondaikadu Panchayat for the financial year from 2022 to 2023.)

1. This Writ Petition has been filed in the nature of Certiorarified Mandamus to call for the records relating to the tender notification issued by the third respondent/Executive Officer, Mandaikadu Selection Grade Town Panchayat in Na.Ka.No.39/2022/A1, dated 20.04.2022, and to quash the entire process of tender and to direct the respondents herein to allot the tender on the basis of lowest bid price to the petitioner for the Solid Waste Scheme of Mandaikadu Panchayat for the financial year 2022-2023.

2. Heard Mr.A.Rajkumar Sen, learned Counsel for the petitioner and Mr.N.Muthu Vijayan, learned Special Government Pleader for the respondents.

3. In the affidavit filed in support of this Writ Petition, the petitioner, C.Ajay Kumar, Secretary of Paruthiviai MinMini Samooga Nala Narpani Sangam, Mandaikadu, in Kanyakumari District, had stated that he was the Secretary of the said organization, which is a registered Society in No.SRG/Kanyakumari/76/2022 engaged in sanitation and public welfare. The said society was founded in the year 2014. It had also been stated that the third respondent/ Executive Officer, Mandaikadu Selection Grade Town Panchayat,Kanyakumari District had issued tender notification in Na.Ka.No.39/2022/A1, dated 19.04.2022 published in the daily vernacular newspaper on 20.04.2022 for outsourcing man power for Solid Wastage Scheme. The conditions, which were imposed, are as follows:

“a) The tender shall be two cover system.

b) Tenderer shall have 3 years continuous experience

c) Annual turnover of tenderer the three financial years shall be above Rs.Fifty lakhs.

d) The minimum wages of Rs.550/- fixed by the District Collector shall to be altered and service charges hall not exceed @ Rs.10%.

e) All the tenders will be evaluated and the bid price of the tenderers having technical capability will be opened.”

4. The petitioner had participated in the tender and submitted documents on 29.04.2022 before 03.00 pm. It had been stated that the fixed contract labour outsourcing is Rs.550/- per head with bid price of 5% termed as service charges. Three tenderers had participated, namely,a) Shawn Security Force, Chanthaiyadi, b) Puliyoor Salai Labour Contract Cooperative Society Limited, No.7115 and c) Paruthivilai Minimini Samooga Nala Narpani Sangam. It had been alleged that the tender was not opened on 29.04.2022 at 03.00 pm, but only on 30.04.2022, the next day. It had been alleged that the per head wages of Rs.550/- is a fixed amount and there cannot be any change and that the service charges should not exceed 10%. It had been stated that the respondent had chosen the Puliyoor Salai Labour Contract Cooperative Society Limited, against the rules. Questioning the selection of such Society, the present Writ Petition had been filed.

5. A counter had been filed by the third respondent, wherein, they had denied all the allegations relating to mala fide in the tender process and had stated that originally, four bidders have received the tender schedule and three had submitted tender applications in sealed covers. It had stated that when the technical bids were opened, it was found that only one of the tenderers was eligible and the other two including the petitioner were found ineligible. The petitioner had not provided any evidence and documents for experience, for minimum annual turnover and for other basic eligibility, as provided in the notifica