A. LIYAKATH ALI Vs. SECRETARY, ANIMAL HUSBANDY

JUDGEMENT

(1.) THE petitioner has filed the above writ petition for the issuance of a Mandamus, forbearing the respondents from procuring any work except by tender as per Section 3 of the Tamil Nadu Transparency in Tenders Act, 1998 by issuing requisite publication of notice inviting tenders by Tender Bulletin and in the newspapers and also in accordance with the Tamil Nadu Transparency in Tenders Rules 2000.

(2.) THE petitioner was earlier a successful bidder for procurement of milk and he has filed this writ petition challenging the action of the respondents in not following provisions of the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tenders Rules 2000 made thereunder for Annual Maintenance Work of an Effluent Treatment Plant at Villupuram Diary and in Chinnasalem Milk Filling Centre.

(3.) PER contra, the learned Government Advocate appearing for the respondents would submit that as the value of ''Low Value Procurement '' is less than Rs.5 lakhs in terms of Section 16 of the Act, there is no need to issue tender. In reply, learned counsel for the petitioner drew the attention of this Court to the letter of the Villupuram -Cuddalore District Co -operative Milk Producers'Union Ltd., Villupuram dated 24.1.2013, to the effect that the value is more than Rs.7 lakhs to show that six technically qualified persons are required for E.T. Plants at Villupuram and Chinnasalem and the amount would be approximately Rs.7.70 lakhs per annum. Even though the learned Government Advocate for the respondents drew the attention of this Court to the very same letter that it is suffice to have one I.T.I qualified and two non -technical qualified persons for cleaning purposes at Villupuram Dairy and similarly for Chinnasalem Chilling Centre for future periods and in order reduce the Annual Maintenance Contract amount at a cheaper rate, they have decided to engage 3 persons and the total amount of the contract for one year comes to Rs.4.96 lakhs, which is less than Rs.5 lakhs as contemplated under Rule 33 of the Tamil Nadu Transparency in Tenders Rules 2000. The respondents have called for Annual Maintenance Contract quotation from various centres nearly from 20 firms who have performed the supply of ETP equipments, the erection and commissioning of ETP in various Dairies and Chilling Centres in Tamil Nadu and other States and the addresses of those 20 firms were obtained from TCMPF Ltd., Chennai -51. In the addresses given, the name of the petitioner is not found and the petitioner name was not included. Since the petitioner was not allotted the contract in order to wreck vengeance, he has come up with the above writ petition, questioning the act of the respondents that they have called for tenders as per the aforesaid enactment.