G KUMARA PANDIAN Vs. DISTRICT COLLECTOR VELLORE

JUDGEMENT

(1.) THE petitioner in both the writ petitions is one and the same person. In the first writ petition (W.P.No.936/2011), the petitioner seeks for a direction to the respondents to confirm the petitioner's bid as highest with reference to Item No.17 of the tender notice published vide District Gazette, Vellore dated 16.12.2010 by accepting the remaining 90% given vide sealed tender bid amount of Rs.9,45,000/-.

(2.) THE writ petition was presented before this Court on 12.01.2011 and came up for admission on 19.01.2011. On that date, Mr.Thirugnanam, learned Special Government Pleader took notice for the respondents. Even before any counter could be filed, the petitioner has come up with the second writ petition (W.P.No.2771/2010), challenging an order dated 14.01.2011 passed by the District Collector.

(3.) ON notice, the respondents have filed a counter affidavit dated 11.03.2011. In the counter affidavit, it was averred that at the time of tender, there were only two tenderers and among the tenderers, a public auction was called for. In the original tender application, the petitioner has quoted Rs.10,60,000/-, whereas the other tenderer has quoted Rs.3,33,000/-. Thereafter, in the auction, the petitioner has quoted the highest bid amount of Rs.35,25,000/-. Since he has quoted the highest amount among the persons who participated in the auction, his offer was confirmed. But the petitioner failed to deposit the 10% of the bid amount. Therefore, as per the Rules, his bid was cancelled.