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2026 Supreme(Online)(Mad) 53213
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
Karthikeyan Constructions – Appellant
Versus
District Collector/Appellate Authority, Dharmapuri District – Respondent
W.P.No.6415 of 2024
For the Appellants/Petitioners: J.Shakul Hameed
For the Respondents: M.Sivavarthanan, A.M.Kamalanath
The court directed the refund of the Earnest Money Deposit (EMD) to the petitioner after the tender period lapsed, effectively closing the writ petition based on mutual submissions.
Headnote:The petitioner challenged the orders of the first and second respondents rejecting its tender bid and awarding the contract to the third respondent, seeking a writ of Certiorarified Mandamus under Article 226 of the Constitution of India to be declared the successful bidder as the lowest quote. During the hearing, the petitioner's counsel stated that the tender period had ended and requested the refund of the Earnest Money Deposit (EMD). The court noted the agreement between parties regarding the refund. The petition is closed with a direction to the respondents to refund the EMD amount within two weeks.
| Table of Content |
|---|
| 1. challenge against tender rejection and award to another party. (Para 1) |
| 2. direction for refund of earnest money deposit (emd) upon expiration of tender period. (Para 2 , 3 , 4) |
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in Na.Ka.No.3043/2023/A1 dated 20.02.2024 in confirming the impugned order passed by the second respondent dated 15.12.2023 in rejecting the tender of the petitioner in pursuance of the tender notification in Na.Ka.No.3027/2023/A2 dated 21.11.2023 and the consequential order of awarding tender to the third respondent dated 18.12.2023 in Na.Ka.No.3027/2023/A2 by the second respondent and to quash the same, consequently, direct the second respondent to declare the petitioner as successful bidder, who quoted the least amount in the tender and to issue work order in favour of the petitioner forthwith.
O R D E R
This Writ Petition has been filed challenging the impugned order passed by the first respondent in Na.Ka.No.3043/2023/A1 dated 20.02.2024 confirming the impugned order passed by the second respondent dated 15.12.2023 in rejecting the tender of the petitioner in pursuance of the tender Notification in Na.Ka.No.3027/2023/A2 dated 21.11.2023 and the consequential order of awarding tender to the third respondent dated 18.12.2023 in Na.Ka.No.3027/2023/A2 by the second respondent and for a consequential direction to the second respondent to declare the petitioner as successful bidder, who quoted the least amount in the tender and to issue work order in favour of the petitioner forthwith.
2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that the period of tender was already over, however, this Court may issue a direction to the respondent Nos.1 and 2 to refund the EMD amount to the petitioner.
3. In reply, the learned Government counsel appearing for the respondents 1 and 2 submits that EMD amount will be refunded to the petitioner within a period of two weeks.
4. Recording the submissions made by both sides, this Writ Petition is closed. The respondent Nos.1 and 2 are directed to refund the EMD amount within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Connected miscellaneous petitions are closed.
12.06.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssb
To
1.The District Collector/Appellate Authority,
Dharmapuri District, Dharmapuri.
2.The Block Development Officer,
(Block Panchayat) Dharmapuri Block,
SV Road, Dharmapuri-636 001.
