C JAYANTHI Vs. COMMISSIONER METTUR MUNICIPALITY METTUR DAM

JUDGEMENT

(1.) BY consent of both sides, the writ petition itself is taken up for final disposal.

(2.) THE prayer in the writ petition is for issuance of a writ of certiorarified mandamus calling for the records of the first respondent relating to the short term Re-tender Notice in Na. Ka. No. 8802/2005/a3 dated 31. 03. 2006 and quash the same and consequently direct the first respondent to award the tender to the petitioner pursuant to the tender notice in Na. Ka. No. 8802/2005/a3 dated 27. 03. 2006 in respect of collecting charges in the "mettur Camp Daily Market".

(3.) THE case of the petitioner, in brief, is as follows: a. The first respondent (Municipality) issued a tender notice dated 02. 01. 2006 in respect of various rights, including collection of fees in Mettur Camp Daily Market for the period from 01. 04. 2006 to 31. 03. 2007 as per the resolution no. 443 dated 28. 12. 2005. As there was no participant in the tender, fresh tender notices were issued on 07. 02. 2006 and 23. 02. 2006 and since the third tender notice also did not evoke any response from the bidders, the fourth tender notice was issued on 20. 03. 2006 for which, the bids were very low and thereafter, the Municipality finally issued a short term final re-tender notice dated 27. 03. 2006 in proceedings in Na. Ka. No. 8802/2005/a3. The petitioner participated in the tender process and was successful in the bid and she remitted a sum of Rs. 3 lakhs being the Earnest Money Deposit and Rs. 5,60,501/- being the half of the bid amount of Rs. 11,21,001/- which have been duly acknowledged by the Municipality. The only stage which remained was the allotment of tender rights by the first respondent to the petitioner. That being the position, the petitioner was shocked to see a fresh re-tender notice dated 31. 03. 2006 and that too on the same day on which she made the payment of the EMD and also half of the bid amount.