G THIRUVENGADAM Vs. DISTRICT COLLECTOR KRISHNAGIRI

JUDGEMENT

(1.) THIS writ petition is filed for issuance of a writ of mandamus forbearing the respondents from finalising the tender and consequently to declare the amount quoted by the petitioner in his tender to be the lowest tender (prior to the alterations made by the Goonda elements).

(2.) THE petitioner's case is that he is running Transport business under the name and style of M/s.Sri Lakshmi Roadlines for the past 13 years, i.e., running tanker lorries on contract basis for various Milk Producers' Co-operative Unions of different districts and transporting milk and milk products to various multi-national companies all over South India. For transportation of dairy products, tenders are called for once in every two years. In the month of September, 2009, tenders were called for by the second respondent for transporting milk through tanker lorry from the second respondent dairy farm at Chennai through ten big tankers having capacity of 14,000 litres and 16 numbers of tanker lorries with capacity of 9,000 litres, totalling 26 tanker lorries. THE petitioner took part in the tender in respect of one big tanker lorry and one small tanker lorry and deposited a sum of Rs.20,000/- for the big tanker lorry and Rs.10,000/- for the small tanker lorry towards earnest money deposit. THE tenders were to be opened on 29.9.2009. According to the petitioner, the technical bid was opened, however the commercial bid was not opened.

(3.) IT is further stated in the affidavit that on intimation to the petitioner, he lodged a complaint on 20.1.2010 with the District Collector through fax as well as to the second respondent and other officials including the Chief Minister's Special Cell. However, the commercial bid was opened on 20.1.2010 itself and the Evaluation Committee, after evaluation, placed the same before the District Collector for approval. Alleging the illegality as stated supra, the petitioner has filed this writ petition with the above prayer.