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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
AAR Transport Company – Appellant
Versus
Managing Director, Tamil Nadu Civil Supplies Corporation – Respondent
ORDER :
L. Victoria Gowri, J.
Challenging the proceedings of the second respondent in Rc.No.C1/0895/2023 dated 28.06.2024, Rc.No.B1/02605/2023, dated 21.06.2024, 
G3/9394/2023 dated 24.06.2024 respectively, these Writ Petitions are filed.
2.The writ petitioner in W.P.(MD)Nos.21944 and 21946 of 2024 are one and the same.
W.P.(MD)No.21944 of 2024:-
3.The petitioner is the sole proprietor of M/s.AAR Transport Company, having its registered office at Madurai and the transport company is engaged in the business of transportation and movement of commodities for more than a decade. On 09.06.2023, an e-tender notification bearing No.C1/0895/2023, was published in the official website by the second respondent, inviting bids for the appointment of transport contractors for transportation of paddy custom milled rice, coarse grains, gunnies and stocks related to procurement activities from various direct purchase centres, storage points, buffer godowns, rail head wagons to various storage points, godowns, modern rice mills etc., within the district and outside the district as entrusted by the Tamil Nadu Civil Supplies Corporation, as specified in the nature of work for the period from July 2023 to J
Successful tenderers cannot be challenged by unsuccessful ones without first addressing the rejection of their own bids, emphasizing the limits of judicial review in public procurement.
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 court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
The main legal point established in the judgment is the importance of complying with the provisions of the Tamil Nadu Transparency in Tenders Act 1998 and the Tamil Nadu Tender Transparency Rules 200....
The public interest in a time-bound nutrition program may outweigh the private commercial interest of a petitioner benefiting from the relaxation of tender conditions.
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 public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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....
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