O R D E R

The writ petition is filed with a prayer directing the 3^rd , 4^th , and 5^th respondents to consider the representation dated 23.01.2025 submitted by the Petitioner and to consider the petitioner also with other bidders for e-Tender Invitation for Bids No.16/2024-2025 dated 02.12.2024 invited by the Tamil Nadu Police Housing Corporation Limited for the construction of Men Prison, Common areas for Men prison, 111 Nos.of Prison Staff Quarters, Cement Concrete Road and Security Perimeter Wall (for Men prison) for Coimbatore Central Prison at Bilichi Village, Coimbatore North Taluk in Coimbatore District (Phase-1)

2. Heard Mr.A.K.Sriram, the Learned Senior Counsel appearing on behalf of the petitioner, Mr.V.Manokaran, Additional Government Pleader appearing on behalf of the respondent 1 & 2 and Mr.M.Suresh Kumar, Additional Advocate General appearing on behalf of the respondents 3 to 5.

3. The grievance of the petitioner is that when the e-tender was called for as mentioned in the prayer, the petitioner also participated. However, simultaneously an order of blacklisting was passed on 23.05.2024. On account of the same, the petitioner's technical bid may not be evaluated and therefore, he has approached this Court.

4. The petitioner also filed in W.P.No.25440 of 2024 challenging the blacklisting order, by an order dated 07.02.2025, the said writ petition is allowed. It was found that the order of blacklisting was passed by the competent authority and liberty is also given to the Competent Authority to pass fresh orders in the manner known to law, if the respondents needed.

5. It is under these circumstances, the present writ petition is taken up for consideration. It is stated that, if the petitioners technical bid is not taken up for revaluation because on the date of the scrutiny, the blacklisting order was in force. By an order of Court, the blacklisting order quashed, then always the judgement of the Courts of law would operate retrospectively and would undo the mischief. Therefore, the action of the respondents in not considering the technical bid of the petitioner can no longer be justified. On query by this Court, the Learned Additional Advocate General appearing for the respondents 3 to 5 would state that the stage of the proceedings is in the stage of evaluating the technical bid and the action of opening the price bid has not commenced so far.

6. In view thereof, the appropriate committee shall evaluate the technical bid of the petitioner also, dehors the said blacklisting order that is quashed by this Court and if otherwise the petitioner’s technical bid is found to be eligible, the petitioner shall also be held qualified for opening of the price bid and the petitioner shall also be included in the further process of the tender. The respondents shall take up the exercise of considering the petitioner's Technical Bid also, dehors the blacklisting order, within a period of one week from the date of receipt of the web copy of the order and shall include the petitioner also in the process, if otherwise the petitioner's technical bid is found to be in order.

7. The petitioner shall also resubmit the E.M.D before 28.02.2025 at

5.30 p.m. Since the e-portal is said to be closed, the petitioner shall purchase the Demand Draft for the same amount and submit in person at the office of the 5^th respondent.

8. Accordingly, the writ petition is disposed of on the above terms.

The parties shall act on the web copy of the order without waiting for the certified copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

25.02.2025 Neutral Citation : No.

Bsm Note: Issue order copy on 27.02.2025.

To, 1. The Secretary, The Government Of Tamilnadu Housing And Urban Development Department, Fort St.Chennai-600 009.

2. The Chief Engineer Public Works Department, Tamilnadu Government, Coimbatore Zone, Coimbatore-641 001.

3. The Managing Director Tamilnadu Police Housing Corporation Ltd, (Government Of Tamilnadu Undertaking)