Madras High Court
S.Muthukumar vs The Commissioner Of Municipal ... on 27 August, 2021
W.P(MD)No.15523 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P(MD)No.15523 of 2021
and
W.M.P(MD)Nos.12447 & 12448 of 2021
S.Muthukumar ... Petitioner
Vs.
1.The Commissioner of Municipal Administration,
MRC Nagar,
Raja Annamalaipuram,
Chennai – 600 028.
2.The Commissioner,
Madurai Corporation,
Madurai – 625 020.
3.The District Collector,
Madurai District,
Madurai – 625 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the
entire records pertaining to the impugned notifications issued by the
second respondent in Ma. Va4 / 000600 / 2021-1, Ma.Va4 / 000600
/ 2021-2, Ma.Va4 / 000600 / 2021-3, Ma.Va4/000600/2021-4 for
which tenders/auctions are scheduled to be conducted on
27.08.2021 and quash the same as illegal and consequently direct
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W.P(MD)No.15523 of 2021
the second respondent to conduct the tenders/auctions as per the
original conditions stipulated by the second respondent council vide
resolution No.1032, dated 28.05.2021.
For Petitioner : Mr.A.Kannan
For RR 1 & 3 : Mr.B.Saravanan
Government Advocate
For R – 2 : Mr.P.Athimoola Pandian
ORDER
(Order of the Court was made by M.DURAISWAMY,J.)
The petitioner has filed the above Writ Petition as a Public
Interest Litigation to issue a Writ of Certiorarified Mandamus, to call
for the records pertaining to the impugned notification issued by the
second respondent for which the tenders/auctions are scheduled to
be conducted on 27.08.2021 and to quash the same and
consequently directing the second respondent to conduct the
tenders/auctions as per the original conditions stipulated by the
second respondent council vide resolution No.1032, dated
28.05.2021.
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W.P(MD)No.15523 of 2021
2.It is the case of the petitioner that in the impugned tender
notification, the second respondent Corporation had omitted to
include a condition with regard to the production of solvency
certificate by the prospective bidders.
3.Mr.A.Kannan, learned counsel appearing for the petitioner
submitted that in the earlier notification, the said condition was
incorporated, however, the second respondent Corporation omitted
the said condition in the impugned notification.
4.The petitioner, who is an Advocate by profession, has filed
the Writ Petition as a Public Interest Litigation questioning the
imposition of the conditions in the tender notification. According to
the petitioner, by omitting to call upon the prospective bidders to
produce the solvency certificate, the second respondent Corporation
would incur heavy monetary loss.
5.Mr.P.Athimoola Pandian, learned counsel taking notice for
the second respondent, submitted that the tender/auction was
conducted at 11.30 a.m., today and the same has got over and
therefore, the prayer sought for in the Writ Petition has become
infructuous.
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W.P(MD)No.15523 of 2021
6.When the bidders had participated in the tender held at
11.30 a.m., today, they submitted their tenders based on the
conditions imposed in the tender notification. The bidders have not
questioned the tender notification in any manner whatsoever. Sofar
as the conditions mentioned in the notification is concerned, it is for
the Corporation to decide whether to include or exclude a particular
condition. A particular condition cannot be included or excluded at
the instance of a private party.
7.Mr.P.Athimoola Pandian, learned counsel appearing for the
second respondent relied upon a Judgment of the Division Bench of
this Court reported in (2005) 1 MLJ 394 [S.Selvarani Vs. The
Commissioner, Karaikudi Municipality and another], wherein
the Division Bench of this Court held as follows:
“13. Apart from what is stated above, we are of
the opinion that The Tamil Nadu Transparency in
Tenders Act, 1998, may not be applicable to the facts of
the present case, because the word "Procurement" in
the aforesaid Act has been defined in Section 2(d) as
follows:
"'Procurement' means acquisition by any means
by purchase of goods or services and also of
construction."
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W.P(MD)No.15523 of 2021
We are at a loss to understand as to how the right to
collect rent from the road-side vendors can be said to
be a 'procurement' as defined in aforesaid Act. The said
right is neither purchase of goods nor of services.
14. Even at the cost of repetition, we reiterate
that the award of Government contracts through public
auction/public tender is the rule and award of such
contracts through 'private negotiations', except under
certain contingencies mentioned above, must be
frowned upon as it will give rise to speculations in the
minds of the general public of some surreptitious, illegal
or corrupt practices in collusion with the authorities
concerned. Now a days, the Government contracts or
contracts awarded by instrumentalities of the State are
often worth crores and crores of rupees and unless
there is transparency in awarding of such contracts,
there is bound to be great dis-satisfaction and
speculation in the minds of the general public of some
underhand dealing. This would also be violative of
Article 14 of the Constitution.”
8.The ratio laid down by the Division Bench of this Court in
the Judgment cited supra applies to the facts and circumstances of
the present case. That apart, since the tender/auction scheduled to
be held today ie., on 27.08.2021 at 11.30 a.m., had already got
over, the prayer sought for in the Writ Petition cannot be granted. In
these circumstances, the Writ Petition is liable to be dismissed,
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W.P(MD)No.15523 of 2021
accordingly, the same is dismissed. No costs. Consequently,
connected Miscellaneous Petitions are closed.
[M.D.,J] [K.M.S.,J.]
27.08.2021
Index :Yes/No
Internet :Yes/No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate / litigant
concerned.
To
1.The Commissioner of Municipal Administration,
MRC Nagar,
Raja Annamalaipuram,
Chennai – 600 028.
2.The Commissioner,
Madurai Corporation,
Madurai – 625 020.
3.The District Collector,
Madurai District,
Madurai – 625 020.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.15523 of 2021
M.DURAISWAMY,J.
and
K.MURALI SHANKAR,J.
ps
W.P(MD)No.15523 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis/
