K UMAPATHY Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition for quashing Clause No.3 in the tender call notice issued by the respondents and published in newspaper, The Hindu, dated 10.5.2002.

(2.) The aforesaid notice inviting tenders had been issued by the Airports Authority of India,Chennai for management of car park services at Kamaraj Domestic Terminal and Anna International Terminal. Relevant provisions of Clause 3 of the said tender notice is to the following effect :-

(3.) The aforesaid clause, particularly clause relating to minimum annual turnover, is according to the petitioner arbitrary and got no reasonable nexus with the matter relating to settlement of such rights. It has been asserted that the said clause has been included with a view to continue the monopoly of the present licensees and to prevent others like the petitioner from submitting their tenders. Such clause has the effect of depriving the persons, who are not already in business, from participating in the tender process and is likely to reduce the number of offers, ultimately resulting in loss to the respondents.