Madras HC refuses to interfere with TANGEDCO tenders – The Indian Express

Chennai News

The Madras High Court has refused to interfere with the tender process initiated by the state-run power utility, Tangedco in July this year.

The first bench of Chief Justice M N Bhandari and Justice N Mala on Wednesday upheld the tender process and conditions while dismissing a writ petition from S Kannappan, an AIADMK functionary in Mettur.

The petitioner has challenged the tender notice mainly with regard to the condition of earnest money deposit (EMD), which is said to be more than 1 per cent of the total value of the work, as it was in violation of Rule 14 of the Tamil Nadu Transparency in Tenders Rules 2000.

Though the petitioner is not a participant in the tender process, he claimed to be espousing the cause of the public as the tender condition may affect the public exchequer and the petitioner being a public spirited person, has filed the present writ petition.

Subscriber Only Stories

After listening to the arguments of State Advocate-General R Shanmugasundaram and Tangedco senior counsel P Wilson, the bench said that it was of the opinion that the case in hand did not require any interference of this court in tender condition, when the impugned tender notice was not in violation of Article 14 of the Constitution and the petitioner had even failed to show as to how the public exchequer would be affected by the condition of the EMD given under the impugned tender.

The petitioner had not given any facts and figures to indicate the effect on the public exchequer by incorporating the amount quoted by participation of a number of contractors in the tender process or any other relevant fact to make out a case. The assumption of effect on the public exchequer could not be presumed unless authentic and quantified data was supplied to the Court. “Thus, even the allegation of effect on the public exchequer is made for the sake of it. We do not find any case for causing interference in the impugned tender notice,” the bench added and dismissed the petition.