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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
Fun World & Resorts India Pvt. Ltd., rep by its GPA Mr. U. Sivanarayanan – Appellant
Versus
Principal Secretary to Government, Tourism, Culture, Religious Endowments and Chairman, Tamil Nadu Tourism Development Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner's experience and bid submission details. (Para 2 , 3) |
| 2. contention of arbitrary rejection of the bid. (Para 4 , 13 , 18) |
| 3. legal precedents on tender processes and standards. (Para 5 , 6 , 7 , 8 , 9 , 15 , 16) |
| 4. procedural details of tender and evaluation. (Para 10 , 11 , 12) |
| 5. conclusion dismissing the writ petitions. (Para 14 , 17 , 22) |
| 6. requirement of alternative remedies in legal proceedings. (Para 19 , 20 , 21) |
ORDER :
N.SATHISH KUMAR, J.
The first writ petition, namely W.P.No.47251 of 2025, has been filed seeking a mandamus to second respondent, Managing Director, Tamil Nadu Tourism Development Corporation, to accept the petitioner’s bid and the e-Tender application and to reject the technical bid of 4th and 5th respondents and to follow the terms and conditions in the tender notification. The second writ petition, namely W.P.No.48902 of 2025 has been filed challenging the rejection order passed by the very same second respondent in respect of the same tender process. As both writ petitions have been filed by the petitioner in respect of the same tender process, these two writ petitions are disposed of by this common order.
2.The brief facts of this
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
The court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
Judicial review in tender matters is limited; rejection based on non-compliance with tender conditions is not arbitrary.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Judicial review in tender matters is limited to ensuring fairness and non-arbitrariness; minor technical defects in bids do not justify interference unless proven arbitrary or mala fide.
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