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P. VELMURUGAN, K. K. RAMAKRISHNAN
Amaranathan – Appellant
Versus
K. Baskaran – Respondent
JUDGMENT :
(Order of the Court was made by P.VELMURUGAN.,J)
The Writ Appeal filed by the private respondent is W.A(MD)No.408 of 2019 and the Writ Appeal filed by the Society is W.A(MD)No.536 of 2019.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The private respondent/first respondent herein filed the Writ Petition and the Writ Court considered the fact and held that call for tender has not been done property and therefore disposed of the Writ Petition with certain directions, which reads as follows:
(i) The second respondent is directed to hold fresh auction on 29.3.2018 at 3.00 p.m. in his office. On the said date, the Petitioner and the sixth respondent/Amaranathan alone will be the participants. The sixth respondent can be called upon to match the offer made by the Writ Petitioner.
(ii) If the sixth respondent is not willing to match the Writ Petitioner’s offer, the second respondent is directed to issue proceedings for cancelling the impugned tender process that culminated in favour of the sixth respondent. The amount of Rs.14,50,000/- offered by the Writ Petitioner shall be accepted by
The court ruled that failure to publish tender notices in widely circulated newspapers violates statutory requirements, necessitating a fresh auction process.
Compliance with court orders is essential for participation in tender processes, emphasizing the need for transparency and timely payment of dues.
A party must participate in auction proceedings to have the standing to challenge them; non-participation negates any locus standi.
The court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
Point of Law : When some defect is found in the decision-making process, court must exercise its discretionary powers under Article 226 with great caution and should exercise it only in furtherance o....
The court affirmed the authority's right to seek clarifications in the tender process and limited judicial intervention in such matters.
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
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