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2025 Supreme(Mad) 5345
N THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J.
M/s. Best Pulses and Foods LLP - Petitioner
Versus
The Government of Tamil Nadu, Represented by Secretary to Government, Cooperation, Food and Consumer Protection Department – Respondent
W.P.Nos.48774 & 48777 of 2025 and W.M.P.Nos.54463, 54465, 54467 & 54470 of 2025
Decided On : 19-12-2025
For the Petitioner: Mr.P.R.Raman Senior Counsel for Mr.Ashwin Premsundar
For the Respondent:Mr.P.S.Raman Advocate General assisted by Mr. D. Ravichandar Special Government Pleader Mr.A.K.Sriram Senior Counsel for Mr. C.H. Vinay Datha Mr.A.K.Sriram Senior Counsel for Mr.Vikram Veerasamy
The court upheld the discretion of the tender authority under the Tamil Nadu Transparency in Tenders Act, affirming that adherence to quantity requirements takes precedence over price in public procurement processes.
Headnote:(A) Tamil Nadu Transparency in Tenders Act, 1998 - Sections 10(3), 11, 12, 29, 29-A - Writ petitions alleging improper confirmation orders for supply of lentils - Petitioners claimed that bids were lower than awarded tenderers but failed to meet quantity requirements - Tender authority's choice of supplier aligned with government policy to supply one dal and meet quantity needs during shortages. (Paras 20-22)
(B) Judicial review - Writ jurisdiction under Article 226 of the Constitution is not a substitute for alternate remedies available under the Act - Tendering process must align with statutory guidelines even when past practices suggest otherwise. (Paras 8, 22)
Facts of the case:
Petitioners challenged orders issued by the Tamil Nadu Civil Supplies Corporation confirming award of tenders for over 60,000 MT of tur dal to several suppliers, claiming their lower price bids for Canadian yellow lentil went unconsidered.
Findings of Court:
The court found the tendering process appropriate, highlighting the authority's discretion under established policies and regulations; it denied merits in claims for higher consideration of bids not meeting full quantity requirements.
Issues: Whether the tendering authority violated transparency and fairness principles in confirming suppliers while ignoring lower bids that did not satisfy quantity requirements.
Ratio Decidendi: The court determined that adherence to tender conditions and governmental procurement policies justifies the awarded supplier selections, reaffirming the need for quantity fulfillment over pricing alone.
Result: Writ petitions dismissed.
ORDER :
N. Sathish Kumar, J.
Challenging the confirmation orders of the 3rd respondent dated 08.12.2025 issued in favour of the respondents 4 to 8 and for a direction to the 3rd respondent to issue confirmation orders to the petitioners for supply of Canadian Yellow Lentil (whole-husked & Laired No.2) at the petitioners' negotiated price of Rs.83,000/- per MT, the present writ petitions have been filed.
2.It is the case of the petitioners that they are firms engaged in the business of supply of pulses, spices and other essential commodities including oil. The petitioners have been supplying various products to the 3rd respondent/Tamil Nadu Civil Supplies Corporation for the past several years. The 3rd respondent Corporation issued a short e-Tender Notice dated 06.11.2025 bearing Tender Notice No.BS6/071741/2025-TNCSC/25-26 inviting online e-tender for purchase of 60,000 MT of Tur Dal (Split-Husked & Fatka) (Indigenous) / Tur Dal (Split Husked-Imported) / Lentil locally known as Canadian Lentil (Split-Husked & Laired No.2) / Lentil locally known as Candian Yellow Lentil (Whole-Husked & Laired No.2) for three months of January, February and March, 2026. As per the tender notice, the last date for online submission was on 23.11.2025 upto 11.00 a.m. The 3rd respondent uploaded the short e-Tender document on 07.11.2025 directing the parties concerned to submit the tenders in two parts, i.e., Technical Bid and Price Bid. The Earnest Money Deposit was fixed at Rs.2,65,35,000/-. The tender document can be downloaded from 07.11.2025 and the bids can be submitted from 08.11.2025 and time was granted till 25.11.2025 to the bidders to submit the tender online, and thereafter, the bids will be opened on 26.11.2025.
3.The petitioners have also submitted their bids with two parts, one for Technical Bid and the other for Price Bid. The petitioner in W.P.No.48774 of 2025 has quoted to supply the following products at the following prices :
| S.No. | Product | Quantity in Metric Tonnes | Price in Rupees per Metric Tonnes |
| 1. | Tur Dal (Split-Husked & Fatka) (Indigenous) | 12000 | 1,01,399/- |
| 2. | Tur Dal (Split-Husked-Imported) | 12000 | 92,399/- |
| 3. | Lentil locally known as Canadian Yellow Lentil (whole- husked & Laired No.2) | 12000 | 86,983/- |
The petitioner in W.P.No.48777 of 2025 has quoted to supply the following products at the following prices :
| S.No. | Product | Quantity in Metric Tonnes | Price in Rupees per Metric Tonnes |
| 1. | Tur Dal (Split-Husked & Fatka) (Indigenous) | 12000 | 1,02,000/- |
| 2. | Tur Dal (Split-Husked-Imported) | 12000 | 92,000/- |
| 3. | Lentil locally known as Canadian Yellow Lentil (whole- husked & Laired No.2) | 12000 | 86,983/- |
4.The tender was opened on 26.11.2025. After opening the tender, the petitioner in W.P.No.48774 of 2025 was ranked as follows :
| S.No. | Product | Rank |
| 1. | Tur Dal (Split-Husked & Fatka) (Indigenous) | L3 |
| 2. | Tur Dal (Split-Husked-Imported) | L10 |
| 3. | Lentil locally known as Canadian Yellow Lentil (whole-husked & Laired No.2) | L1 |
The petitioner in W.P.No.48777 of 2025 was ranked as follows :
| S.No. | Product | Rank |
| 1. | Tur Dal (Split-Husked & Fatka) (Indigenous) | L4 |
| 2. | Tur Dal (Split-Husked-Imported) | L8 |
| 3. | Lentil locally known as Canadian Yellow Lentil (whole-husked & Laired No.2) | L1 |
5. Pursuant to the opening of the Price Bids, the 3rd respondent, by a letter in Rc.No.BS6/071741/2025, dated 01.12.2025, was pleased to issue notice to the petitioners, respondents 4 to 8, informing the petitioners and others to take part in the negotiation meeting scheduled to be held on 01.12.2025 at 5.00 p.m. The petitioners also participated in the price negotiation meeting held on 01.12.2025 as per Section 10(3) of the Tamil Nadu Transparency in Tenders Act, 1998. In the negotiation, the petitioners in W.P.Nos.48774 and 48777 of 2025 quoted a sum of Rs.84,000/- per MT for supply of 13,000 MT and 12,000 MT respectively of Canadian Yellow Lentil (whole-husked & Laired No.2). The other bidders had quoted a sum of Rs.84,830/- per MT for supply of Tur-Dal (Split-Husked-Imported). The other bidders have quoted Rs.830/- per MT higher than the petitio
