IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-12-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE SHAMIM AHMED

W.A No. 3566 of 2025 AND

CMP Nos.29423 and 29426 OF 2025

C.Padmambigai

Proprietor Of Dolphin Logistics, No.40/217, Second Main Road, M.R.Nagar, Kodungaiyur, Chennai-600

118.

..Appellant

Vs

1. Oil And Natural Gas Corporation Ltd.,Rep. By

DGM- Head MM, Cauvery Asset, Neravy Complex,

Karikal-609 604.

2. Oil And Natural Gas Corporation Ltd.,Rep. By Its

Senior MMP, Cauvery Asset, Neravy Complex,

Karikal-609 604.

3. Kamalakannan Road Transport Rep. By Its

Proprietor, H-6, III Avenue, Anna Nagar,

Chennai-600 102.

4. The Deputy Director, Office Of Development

Commissioner, Micro, Small, Medium Enterprises -

Public Procurement Policy, Nirman Bhavan,

New Delhi.

5. The Director, Ministry Of Commerce And Industry,

Department For Promotion Of Industry And

Internal Trade, (Public Procurement Section)

Udyog Bhawan, New Delhi.

..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order in W.P.No.38746 of 2024 dated 06.08.2025 and consequently allow the Writ Petition in WP.No.38746 of 2024.

For Appellant : Mr.Sathish Parasaran, Senior Counsel for Mr.Najeeb Usman Khan For Respondents : Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.Mohammed Fayaz Ali -for RR 1 and 2 Mr.Vijay Narayan, Senior Counsel for Mr.Thomas T.Jacob – for R3

Judgment

(Judgment of the Court was delivered by R.Suresh Kumar J.)

This intra Court appeal has been directed against the order passed by the Writ Court dated 06.08.2025 made in W.P.No.38746 of 2024.

2. In fact the impugned order was a common order passed in four writ petitions. The present one is one among the four. The issue raised before the Writ Court was that, a tender for transportation of crude oil and other allied products of the respondent Oil and Natural Gas Corporation (ONGC) was floated. The appellant / writ petitioner, her husband and the third respondent were among the applicants who applied for the said tender. There were totally 13 such applications and the Tender Awarding Authority viz., ONGC, awarded the tender in favour of the third respondent viz., M/s.Kamalakannan Road Transport. This awarding of the tender is mainly under challenge in the said writ petition.

3. Even before filing this writ petition, W.P.No.34553 of 2024 was filed by the very same petitioner, questioning certain conditions imposed in the tender document. Other tenderers also filed W.P.Nos.34556 of 2024 and 34559 of 2024, almost for similar relief. Therefore, all these writ petitions were heard together and disposed of by the common order dated 06.08.2025 by the Writ Court.

4. Though it is a common order passed in the said four writ petitions, the present appeal is directed against W.P.No.38746 of 2024, where, the prayer sought for by the writ petitioner / appellant was for a writ of Certiorarified Mandamus to call for the records of the award of the tender in entirety given to the respondent No.3 in Tender No.V16KC24005 vide No.KKL/CAU-ASSET/MM/2024/1364232/KKRT dated

08.11.2024 and quash the same.

5. Mainly two grounds were raised before the Writ Court and the same grounds are urged before us by Mr.Sathish Parasaran, learned Senior Counsel appearing for the appellant. The first ground is that, there has been 3% reservation for the Micro and Small Enterprises (MSEs) owned by women entrepreneurs for awarding such kind of tenders and here, the appellant being a women entrepreneur must have been given the benefit of 3% reservation, which they have not considered. Had it been considered, the writ petitioner / appellant being L3 would have certainly got the tender. Therefore, that was the main and prime ground raised on behalf of the appellant.

6. The other ground is that, as per the tender conditions, once the Tender Awarding Authority comes forward to award 100% capacity to a single tenderer then he must have the capacity to supply the entire 100% capacity and if there is any la