W.P.(MD) No.17148 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025 CORAM THE HON'BLE MR.JUSTICE C. SARAVANAN W.P.(MD) No.17148 of 2025 and W.M.P.(MD) Nos.13012, 13013, 13016 & 13017 of 2025 Sri Sai & Co. Constructions Rep. by its Managing Director K.Manoharan, S/o.Karmegam, No.3/1888-107, Sethupathy Nagar North, Ramanathapuram District. ... Petitioner Vs. 1.The Secretary to Government, Rural Development and Panchayat Raj Development, Building, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai. 2.The District Collector, Office of the Collectorate, Ramanathapuram District. 3.The Additional Collector (Dev)/ Project Director, District Rural Development Agency, District Rural Development and Panchayat Raj Department, Ramanathapuram. _____________ Page No. 1 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 4.The Block Development Officer, Thiruppullani Block, Thiruppullani Union, Ramanathapuram District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the third respondent in Package No.TN 14-71R dated 19.06.2025 and quashing the same and consequently directing the respondents to allow the petitioner to participate in the tender process. For Petitioner : Mr.S.Ramsundarvijayraj For R1 to R3 : Mr.Ajmal Khan Additional Advocate General-I assisted by Mr.D.Ghandiraj Special Government Pleader For R4 : Mr.K.R.Badurus Zaman Government Advocate O R D E R In this Writ Petition, the petitioner has challenged the impugned order dated 19.06.2025, passed by the third respondent, the Additional Collector (Development)/Project Director, District Rural Development Agency, Rural Development and Panchayat Raj Department, Ramanathapuram, whereby the petitioner’s bid dated 05.06.2025 was rejected under the caption "Rejected - Technical" _____________ Page No. 2 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 2. The learned counsel for the petitioner submits that the petitioner had previously bid for similar work and was awarded a contract for a total value of Rs.3,34,64,139/-. However, the respondents have rejected the petitioner’s bid at the stage of technical evaluation. The learned counsel further places reliance on the Tender Summary Report in respect of Tender ID No.2025_RDTN_141448-2, wherein the bid submitted by M/s. MKT Suman Private Limited was rejected, whereas, in respect of Tender ID No.2025_RDTN_141448-1, which is the subject matter of the present Writ Petition, the respondents have accepted the bid of the said M/s. MKT Suman Private Limited at the technical evaluation stage. It is submitted that the respondents are making a mockery of the tender procedure under the provisions of the Tamil Nadu Transparency in Tenders Act, 1998, and the Tamil Nadu Transparency in Tenders Rules, 2000, and have arbitrarily rejected the petitioner’s bid at the technical stage. 3. The learned Additional Advocate General appearing for the first to third respondents, on the other hand, submits that the committee constituted for the purpose of technical evaluation, based on the records uploaded by each of the bidders, including the petitioner, has filed a report _____________ Page No. 3 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 dated 16.06.2025, as per which the petitioner appears to have given an unsatisfactory explanation at the time of field inspection. 4. The learned Additional Advocate General appearing for the first to third respondents draws attention to the decision of the Division Bench of this Court in M/s. Dharan Hi-Tech Projects Pvt. Ltd. v. The District Collector/Chairman, District Rural Development Agency, Pudukkottai, Pudukkottai District and others, dated 07.03.2018, rendered in W.A. (MD) Nos.355 to 361 of 2018, and the decision of this Court in M/s. Megala Construction v. The District Collector/Chairman, District Rural Development Agency, dated 10.06.2025, rendered in W.P.(MD) Nos. 15468 to 15472 of 2025. The learned Additional Advocate General appearing for the first to third respondents further submits that, at best, the petitioner has an alternative remedy under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998. 5.I have considered the arguments advanced by the learned counsel for the petitioner, the learned Additional Advocate General appearing for the first to third respondents, and the learned Government Advocate appearing for the fourth respondent. I have also perused the report of the _____________ Page No. 4 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 Evaluation Committee dated 16.06.2025, a copy of which was filed before this Court, the relevant portion of which is reproduced below: “15.06.2025 md;W fhiy Sri Sai & Co epWtdj;jpd; gq;Fjhuu; jpU.Nf.kNdhfud; mtu;fsplk; njhiyNgrp thapyhf jq;fsJ xg;ge;j epWtdj;jpd; Tools & Plans, Site Verification ghu;f;f Ntz;Lk; vd;W njuptpf;fg;gl;lJ. 16.06.2025 md;W Ma;Tf;F thUq;fs; vd;W $wpajd; mbg;gilapy; 16.06.2025 fhiy 11.30 kzpf;F CMP mike;jpUf;Fk; NH 49 Kjy; G +tpyj;J}u; nry;Yk; rhiyapy; cs;s CMP tshfj;jpw;F nrd;W Mu;.tPuNrfud;> SDO kw;Wk; Mu;.ehfypq;fk;> JDO Mfpa ,UtUk; Ma;T Nkw;nfhz;Nlhk;. CMP tshfj;jpy; ,uT fhtyu; kl;LNk ,Ue;jhu; jpU.Nf.kNdhfud; mtu;fs; CMP tshfj;jpw;F tutpy;iy. CMP Plant ,af;fp fhl;l ,uT fhtyu; mtu;fsplk; $wpNdhk; n[dNul;lu; ,y;iy vd;W $wptpl;lhu;. NkYk; CMP tshfj;jpy; jhu;> vky;rd; [y;yp Nghd;wit ,Ug;gpy; ,y;iy NkYk; Ngtu; nkrpd;> NuhL Nuhyu;> thl;lu; Nlq;fu;> gpl;Lkd; ];gpNuau; Nghd;w cgfuzq;fs; ,y;iy Sri Sai & Co epWtdj;jpd; gq;Fjhuu; jpU.Nf.kNdhfud; mtu;fsplk; njhlu;G nfhz;L Nfl;f;fg;gl;lJ rupahd Kiwapy; gjpy; njuptpf;ftpy;iy vd;gij gzpTld; njuptpj;Jf;nfhs;fpNwhk;.” 6. I have also examined the Tender Summary Report in respect of Tender ID No.2025_RDTN_141448-2, wherein the bid submitted by M/s. MKT Suman Private Limited was rejected on the same ground on which the petitioner’s bid in Tender ID No.2025_RDTN_141448-1 was rejected, _____________ Page No. 5 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 although the bid of the said M/s.MKT Suman Private Limited was accepted by the respondents in Tender ID No.2025_RDTN_141448-1. 7. Prima facie, there are indications of large-scale irregularities in the tender process, as the offer of M/s.MKT Suman Private Limited in respect of Tender ID No.2025_RDTN_141448-2 has been rejected, whereas the offer of the same bidder in Tender ID No. 2025_RDTN_141448-1, in which the petitioner had also submitted a bid on 05.06.2025, has been accepted. However, these are disputed questions of fact, which have to be redressed by the petitioner under Section 11 of the Tamil Nadu Transparency in Tenders Act, 1998, before the Government. 8. The petitioner is, therefore, permitted to file an appeal under Section 11 of the Act on or before the end of this week. The petitioner shall also file an Interlocutory Application under Section 11(4) of the Act seeking a stay of the tender process. 9. The opening of the bid and the awarding of the contract shall be kept in abeyance for a period of 15 days from today. _____________ Page No. 6 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 10. In case the appeal is filed by the petitioner under Section 11 of the Act on or before 27.06.2025 (Friday), the same shall be disposed of by the Appellate Authority on merits and in accordance with law. If an Interlocutory Application is filed by the petitioner under Section 11(4) of the Act, the same shall also be disposed of by the Appellate Authority on merits and in accordance with law, within a period of seven days thereafter. 11. It is made clear that, pending disposal of the said Interlocutory Application, the respondents shall keep all further proceedings regarding confirmation of the tender and awarding of the contract in abeyance. However, the rest of the proceedings may be continued. 12. With the above liberty, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 24.06.2025 JEN Index : Yes / No Internet : Yes / No Neutral Citation : Yes/No Speaking Order / Non-Speaking Order _____________ Page No. 7 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 To 1.The Secretary to Government, Rural Development and Panchayat Raj Development, Building, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Saidapet, Chennai. 2.The District Collector, Office of the Collectorate, Ramanathapuram District. 3.The Additional Collector (Dev)/Project Director, District Rural Development Agency, District Rural Development and Panchayat Raj Department, Ramanathapuram. 4.The Block Development Officer, Thiruppullani Block, Thiruppullani Union, Ramanathapuram District. _____________ Page No. 8 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17148 of 2025 C.SARAVANAN , J. JEN W.P.(MD) No.17148 of 2025 24.06.2025 _____________ Page No. 9 of 9 https://www.mhc.tn.gov.in/judis