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S. M. SUBRAMANIAM, C. KUMARAPPAN
G. Mohan – Appellant
Versus
Chennai Metropolitan Development Authority – Respondent
JUDGMENT :
C. KUMARAPPAN, J.
Prayer: Writ Appeals filed under Clause 15 of Letters Patent praying to set aside the order dated 05.03.2021 passed in W.P. Nos. 12286 & 14017 of 2020 respectively.
1. The instant intra-Court writ appeals are arising against the common order dated 05.03.2021 passed in WP.Nos.12286 & 14017 of 2020.
2. The appellants herein are the writ petitioners. The issues involved in WA.Nos.1104 & 1106 of 2021 are in respect of the allotment of Shop No. VN-124 and Shop No. VG-88 respectively in Koyambedu market, through a tender process.
3. The appellants have challenged the communication dated 06.08.2020, by and in which, both of them were informed about the cancellation of their Tender application.
4. The brief facts which are necessary to decide both the writ appeals are that, the first respondent-“Chennai Metropolitan Development Authority” [hereinafter shall be referred to as “CMDA” for the sake of convenience] has floated Tender on 28.11.2019 for the allotment of shop No. VN-124 and VG-88. The said Tender document contain instruction, which include method of conducting Tender and other terms and conditions. One of the specific condition of the Tender is that, the dat
The court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
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 ....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
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