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2026 Supreme(Online)(Mad) 18284
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
M/s.Bhavadharani Builders – Appellant
Versus
The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board – Respondent
W.P.(MD)No.4876 of 2026
For the Appellants/Petitioners: Mr.R.Maheswaran
For the Respondents:Mr.J.K.Jayaseelan Government Advocate
The court upheld the entitlement of MSMEs for EMD exemption in tender processes, contingent on the issuance of a corrigendum by the authorities.
Headnote:1. Statute Analysis: The petitioner seeks exemption from earnest money deposit under G.O.Ms.No.199, dated 27.06.2022, Finance (Salaries) Department. Facts: The petitioner, a MSME, applied for participation in a tender but needed EMD exemption. Findings: The court considered the submission of the respondent regarding a lack of explicit tender clause for exemption but accepted their assurance of a corrigendum to allow participation. 2.
Issues: The main question involved whether the MSME should be exempted from EMD pending the tender process.
Ratio Decidendi: The court emphasizes adherence to the exemption policy for MSMEs while accepting the promise of issuance of a corrigendum as sufficient for the appeal. 3.
Result: The Writ Petition is disposed of as per the recorded statement without any costs.
| Table of Content |
|---|
| 1. seeking exemption for msme in emd payment (Para 1) |
| 2. government assurance on tender adjustments (Para 2) |
| 3. writ petition disposed with no costs (Para 3) |
O R D E R
The petitioner, who is a MSME, is before this Court seeking exemption from payment of earnest money deposit amount in the tender floated by the second respondent in Tender ID NO. 2026_HRCE_658805_1 dated 24.02.2026, in view of G.O.Ms.No.199, dated 27.06.2022, Finance (Salaries) Department, which provides for exemption of earnest money deposit by MSME.
2.Mr.J.K.Jayaseelan, learned Government Advocate, who accepts notice on behalf of the respondents, on receiving instructions, submitted that inadvertently, there is no clause in the tender document providing exemption to MSME, however, the exemption will be notified by issuing corrigendum and the petitioner will be permitted to participate in the tender process without insisting for earnest money deposit. The said statement is taken on record.
3.Recording the stated position of the second respondent, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
