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2025 Supreme(Online)(MAD) 9456

HIGH COURT OF MADRAS
D.Bharatha Chakravarthy, J
R.Krishnamoorthi – Appellant
Versus
The Commissioner, HR & CE, Nungambakkam, Chennai – Respondent


Advocates:
For the Appellants/Petitioners: Mr.J.Bharathi Raja
For the Respondents: Mr.N.R.R.Arun Natarajan, Special Government Pleader (HR & CE)

Table of Content
1. challenge to tender notice based on upset price. (Para 1 , 2)
2. final ruling dismisses the writ petition. (Para 4)

O R D E R

The writ petition is filed to call for the records relating to the impugned tender notice in Malai Murasu dated 02.02.2025, on the file of the fourth respondent and quash the same as being illegal, arbitrary and without jurisdiction.

2. The case of the petitioner is that when the respondent authorities are auctioning the shop that is built on behalf of the Temple, which is very near to the Hosur Bus Stand, the upset price is fixed as Rs.10,415/-, which is very low and the shop will fetch more amount. If the petitioner goes only by tender alone, there is every possibility of formation of syndicate and therefore, it is better to go by way of public auction. 3. At the outset, I am unable to accept the said condition because the concept of tender itself came into the place only to prevent the cartels being formed in public auction. It is always the secret tender which avoids the cartel formation better than the public auction. In any event, the upset price fixed is not too low so that this court should exercise its jurisdiction under Article 226

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