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2024 Supreme(Online)(MAD) 17968
HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
S.ARUN KUMAR – Appellant
Versus
STATE OF TAMIL NADU – Respondent
Tender conditions promoting public welfare cannot be challenged as unreasonable.
Headnote:
Tender - Public Interest - N/A - The court held that a tender condition requiring free toiletry facilities for passengers is reasonable and serves public interest, thus the challenge to it was dismissed.
Fact of the Case:
The Writ Petition contested a tender condition mandating free toiletry facilities for passengers, claiming it was unreasonable.
Finding of the Court:
The court found the tender condition to be beneficial for the public and in the interest of passengers, thus dismissing the challenge.
Issues: Whether the mandatory provision of free toiletry facilities in the tender is reasonable.
Ratio Decidendi: Conditions in tenders designed for public benefit cannot be deemed unreasonable.
Final Decision: Writ Petition dismissed.
ORDER
The Writ Petition has been instituted questioning the condition imposed in the tender notification that the toiletry facilities must be provided to the passengers at free of costs. Since it is the tender condition imposed for the benefit of the public and in the public interest such condition cannot be declared as unreasonable or otherwise. Such conditions are imposed in the tender notification to protect the interest of the passengers and in the public interest. That being so, the challenge made in respect of toiletry facilities at free of costs is untenable.
Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
17.04.2024 Index : Yes/No Speaking order :Yes/No Neutral citation :Yes/No mps To
1.The Secretary to Government, State of Tamil Nadu, Transport Department, Fort St. George, Chennai - 600 009
2.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 600 002.
3.The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, Bypass Road, Madurai - 625 010.
4.The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore Division, Metupalayam Raod, Coimbatore - 641 043.
5.The Managing Director, Tamil Nadu State Transport Corporation, Thirunelveli Division, KTC Nagar, Thirunelveli.
S.M.SUBRAMANIAM, J, mps and W.M.P.Nos.1328 and 1330 of 2024
17.04.2024
