KANNAIYAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) WRIT Petition filed by the petitioner praying to issue a Writ of Certiorari by calling for records relating to G. O. Ms. No. 132 Adi-Dravidar and Tribal Welfare (ADW5) Department dated 15. 07. 1997 on the file of the first respondent and quash the same so far as the petitioner is concerned.

(2.) CHALLENGING the Government Order made in G. O. Ms. NO. 132 Adi-Dravidar and Tribal Welfare (ADW 5) Department dated 15. 07. 1997, wherein the first respondent has ordered that for all building works to be taken up by the Tamil Nadu Adi-Dravidar Housing and Development, the second respondent herein, that such works would be entrusted only to the contractors who belong to Adi-Dravidar or Tribals only, excluding all other contractors who do not belong to the categories mentioned above.

(3.) IN the affidavit filed in support of the above writ petition, the petitioner would submit that he would belong to Boyar community and is a registered contractor with the Government Departments; that all contracts relating to the construction works for Adi-Dravidars and Tribals was made open to contractors of all classes, irrespective of caste or creed; that however, on 12. 02. 2001, the third respondent herein while inviting tenders for the construction of housing colonies for Tribals in Sangarapalayam Village, Bhavani Taluk, has imposed a condition that tenders would be invited from contractors who are either Adi Dravidar or Tribals only; that the petitioner has undertaken the works in respect of Adi-Dravidar and Tribal Welfare Schemes and successfully completed the said works and hence he approached the third respondent seeking the reason for the exclusion of regular contractors; however,the third respondent has clearly spelt out that the tender was open only to contractors who are either Adi Dravidar or Tribals, and persons who do not belong to such category were not eligible to make any offer; that as per G. O. Ms. No. 132, Adi- Dravidar and Tribal Welfare (ADW5) Department dated 15-07-1997, the tender was open only to contractors who are either Adi Dravidar or Tribals, and hence the petitioner's offer was rejected. Challenging the said Government Order, the petitioner has come forward with the above writ petition.