ORDER

This Writ Petition is filed as against the tender notification issued by the third respondent dated 08.12.2020 for Sewage and Drainage cleaning work in the Pammal Municipality and the consequential allotment of tender in favour of the fourth respondent.

2. The case of the petitioner is that the third respondent has called for tenders, vide impugned notification dated 08.12.2020 for Sewage and Drainage Cleaning work in Pammal Municipality and the petitioner has also participated in the tender. The process of tender is of two categories and based on price bid, the third respondent has noted down certain conditions and one of the condition is that the participants must have sufficient experience of atleast minimum of 3 years of doing such similar work and must enclose a Solvency Certificate for a value of Rs.7.5 Lakhs and a concession has been provided that in lieu of Solvency Certificate, the participant can enclose a Demand Draft for a sum of Rs.1.50 Lakhs.

3. The petitioner has complied with all the required technical qualifications and he has quoted Rs.9.10 lakhs as bid amount, whereas the fourth respondent has quoted Rs.9.80 lakhs and therefore, the third respondent has awarded the contract for cleaning of sewage in favour of the fourth respondent, but the fourth respondent has not qualified in the technical evaluation itself.

4. Mr.A.Saravanan, learned counsel appearing for the petitioner would contend that the opening of the pre-bid document has been scheduled on 29.12.2020 and instead of opening the tender on 29.12.2020 as fixed in the tender document, the tender was opened on the next day i.e., on 30.12.2020 without informing anybody and while opening the tender, it was found that seals were found tampered and covers were found opened and though the petitioner has raised his objections, it was not considered and the fourth respondent was declared as a successful bidder. He would further contend that the fourth respondent was not having the required Solvency Certificate and instead he has not produced the Demand Draft for a sum of Rs.1.50 lakhs and on this ground alone, the fourth respondent ought to have been eliminated at the time of technical evaluation itself on 29.12.2020, but he was permitted to submit the Demand Draft subsequently and he has been declared as a successful bidder and therefore, the entire tender process has been conducted to suit only the fourth respondent and therefore, it has to be set aside.

5. Mr.P.Srinivas, learned counsel for the third respondent has drawn the attention of this Court to the counter affidavit of the third respondent, wherein the averments raised by the petitioner are opposed as follows: (i) With regard to the postponement of the opening of tender is concerned, it is averred that the date of opening of tender was fixed as 3.30 p.m. on 29.12.2020 and on that day, there was an urgent meeting called for by the Commissioner of Municipal Administration, Chennai for the purpose of finalizing the tender for the Underground Sewerage System (UGSS) at Pammal. The Commissioner as well as the Municipality Engineer have to attend the said meeting at the office of the Commissioner of Municipal Administration, RA Puram and therefore, a notice was published in the office of the respondents that the opening of the tender is postponed on 30.12.2020.

(ii) With regard to the second allegation is concerned, it is averred that as on the date of opening of the tender, the petitioner and her husband were also present and they have also signed in the Tender Register at the time of opening.

6. Mr.B.Janakiram, learned counsel appearing for the fourth respondent has drawn the attention of this Court to the counter affidavit of the fourth respondent and would submit that the tender was given to the fourth respondent by strictly following the procedure contemplated under the Tamil Nadu Transparency in Tender Rules, 2000 and the fourth respondent has deposited the amount of Rs.1.50 lakhs by way of DD and a r