L KULASEKARAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Since the issue involved in both the writ petitions relate to an auction of lease hold right of an immovable property owned by the fourth respondent temple. By consent of all the parties these writ petitions are taken up for final disposal and disposed of by a common order.

(2.) The fourth respondent temple is an institution coming under the control of the Hindu Religious & Charitable Endowments Department (hereinafter referred to as "the H.R.&C.E."). The fourth respondent called for tenders for leasing out the Southern portion in the entrance of the premises bearing new door No.26, Old No.31, Venkatachala Naicken Street, Komaleswaranpet, Chennai -2, measuring about 210 sq.ft. of shop area and 876 sq.ft. of residential portion on a monthly rent of Rs.2,635/- and donation payable to the temple was fixed at Rs.1.6 lakhs as the basic rate. The tender was widely published in the dailies on 25.07.2007. The petitioner participated in the tender and offered a sum of Rs.9,05,000/- as donation and the tender was opened on 01.08.2007 by the third respondent and the petitioner's offer was the highest and he was informed that he should remit the amount immediately, which was complied with by the petitioner.

(3.) Subsequently, by an order dated 01.08.2007, the fourth respondent informed the petitioner that though the petitioner was the highest bidder in the auction, based on complaint given on 14.06.2007, a case was registered by the F-2, Egmore, Police Station regarding certain law and order situation, which had arisen and that the petitioner was arrested based on the said complaint and the case is pending investigation and by relying upon on clause 21 of the tender condition, stated that the petitioner has become disqualified from participating in the tender, along with the order dated 01.08.2007, the copy of the report received from the Inspector of Police, F-2 Police Station and the tender condition No.21 was enclosed. This order dated 01.08.2007 is impugned in writ petition No.26408/2007. It is contended by the petitioner that clause 21 of the tender condition is not applicable and that cannot be a reason for rejecting the petitioner's tender. It is further stated that the complaint, which was lodged against the petitioner before the F-2 Police Station was by a participant in the tender and against the said complainant, the petitioner has also lodged a counter complaint. It is further stated that if the petitioner's bid amount is not accepted, it would result in loss of revenue to the temple. The third respondent has filed a counter affidavit stating that in view of the law and order problem, during the tender cum public auction held on 14.06.2007, a criminal case having been registered against the petitioner, he has suffered disqualification in participating in the tender. It is further stated that the third respondent as the tender inviting authority has right to reject, cancel or postpone the tender or permanently abandon the same and the petitioner cannot dictate the temple administration to award the tender in his favour. The third respondent also sought for vacating the interim order, which was granted on 27.08.2007 stating that the tender shall not be confirmed till the disposal of the writ petition. The fourth respondent in his counter affidavit stated that since there were pending case in respect of the petitioner in terms of clause 21 of the terms and conditions, the petitioner was held ineligible and accordingly the impugned order was passed and as such there is no error or defect in such order.