Madras High Court
A.Pandian vs The Secretary on 29 March, 2023
W.P(MD)No.5668 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.03.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD)No.5668 of 2023
and
W.M.P.(MD)Nos. 5271 and 5273 of 2023
A.Pandian ... Petitioner
Vs.
1.The Secretary
Public Work Department,
Secretariat,
Chennai - 600 009.
2.Engineer in Chief,
Water Resource Department &
Chief Engineer (General),
Public Work Department,
Chepauk, Chennai- 600 005.
3.The Superintending Engineer,
Water Resource Department,
Lower Cauvery Basin Circle,
Santhapillai Gate,
Thanjavur,
Thanjavur District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, directing the
third respondent to call for the records of the entire impugned Tender
proceedings of Tender invitation Nit 10/2022-2023 dated 23.12.2023 in respect
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W.P(MD)No.5668 of 2023
of the Work and quash the same as illegal and void and consequently directing
the third respondent to conduct the fresh tender in respect of work and accept
the petitioner's valid tender in respect of the work and proceed with fresh tender
proceedings.
For Petitioner : Mr.K.Muraleedharan
For R1 to R3 : Mr.D.S.Nedunchezhian
Government Advocate
ORDER
This writ petition has been filed in the nature of certiorarified mandamus
seeking a direction against the third respondent Superintending Engineer, Water
Resource Department, Lower Cauvery Basin Circle, Santhapillai Gate,
Thanjavur District, to produce the records with respect to the tender invitation
Nit 10/2022-2023 dated 23.12.2022 and quash the same and direct the third
respondent to conduct a fresh tender in respect of the work and accept the
petitioner tender.
2. The petitioner had participated in the tender which had been issued by
the respondents on 23.12.2022. The date of opening of the tenders was fixed
on 12.01.2023 at 12.00 p.m. It has been very specifically stated that if any
document or deed is received after that particular time and date, they will will
be rejected. It is common knowledge that 11.01.2023 is a local holiday of
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W.P(MD)No.5668 of 2023
Tanjavur District. Such holiday is not declared in the morning of 11.01.2023
but at the beginning of the month. The petitioner, for the reasons best known to
him, had sent the tender documents by speed post on 10.01.2023. It is
mentioned by the petitioner that it was received by the third respondent on
11.01.2023 at 16.07.43 hours. On 11.01.2023, the offices of the third
respondent were completely closed owing to the local holiday. The speed post
was delivered in the office premise, but not specifically received by any
individual. On 12.01.2023, when the tenders were opened at 12.00 p.m., the
petitioner did not participate. When the Court sought a reason for the same, the
response of the learned counsel was that the respondents had already
determined to whom to give the tender and that the fact was known to
everybody therefore he did not participate. The petitioner was not interested in
appearing physically on the date when the tender was opened. The Court
cannot come to his rescue. The duty of the petitioner is to participate, if the
petitioner was interested. It is a fact that the tapal was delivered on 11.01.2023.
But when the bids were opened on 12.01.2023, the petitioner could have very
much presented himself and insisted that his bid should also be considered
along with the other bids. Merely throwing the onus on the respondents cannot
come to the assistance of the petitioner herein.
3. The facts that on 11.01.2023, there was a local holiday and that the
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W.P(MD)No.5668 of 2023
office of the respondents were totally closed, cannot be denied or disputed. The
fact that such holiday was declared much earlier cannot be denied. The reason
why the petitioner sent a speed post only on 10.01.2023, eventhough the notice
for tender was issued on 23.12.2022 itself was not explained by the petitioner.
It is seen that the tenders had been opened and the tender had been awarded and
the works were also commenced.
4. Moreover, the writ petition has been filed only on 10.03.2023 as seen
from the seal affixed by the Registry. By that time, the tenders have already
been awarded.
5. The learned counsel for the petitioner stated that on the very next day
he had filed an application under the Right to Information Act and received
information from the respondent that his tender was not opened since it was
received after the prescribed time. The petitioner could have taken recourse to
the provision of the Tamilnadu Transparency in Tenders, Act and filed an
appeal. The learned counsel stated that an appeal would lie only when the
tender had been rejected. In fact that if a tender had not been taken for
consideration also can be a ground to be taken for appeal. After two months,
the petitioner has filed this writ petition when third party interests have already
surfaced.
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W.P(MD)No.5668 of 2023
6. Tenders have already awarded and the work has already commenced.
The clock can never be set back.
7. The Hon'ble Supreme Court, in a judgment in Uflex Ltd. Vs
Government of Tamil Nadu and others, reported in 2021 SCC OnLine SC
738, had very categorically stated that interference of Courts in matters relating
to tenders should be discouraged. When the law provides an appellate remedy,
the petitioner should have availed such remedy. The petitioner should also
have ensured that he had taken necessary legal steps at the earliest. Having
missed the bus, the petitioner cannot now turn around and place the blame on
the respondents herein.
8. This writ petition is dismissed. No costs. Consequently, connected
miscellaneous petitions are closed.
29.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
pnn
https://www.mhc.tn.gov.in/judis
W.P(MD)No.5668 of 2023
C.V.KARTHIKEYAN, J.
pnn
To
1.The Secretary, Public Work Department,
Secretariat, Chennai - 600 009.
2.Engineer in Chief, Water Resource Department & Chief Engineer (General),
Public Work Department, Chepauk, Chennai- 600 005.
3.The Superintending Engineer, Water Resource Department,
Lower Cauvery Basin Circle, Santhapillai Gate, Thanjavur,
Thanjavur District.
W.P(MD)No.5668 of 2023
29.03.2023
https://www.mhc.tn.gov.in/judis
