DAMODARASWAMY NAIDU Vs. PRESIDENT OF DISTRICT BOARD COIMBATORE

JUDGEMENT

(1.) IMPROVEMENTS had to be carried out to the Palladam-Cochin Frontier Road which lay in the Coim-batore district. The work had to be paid for by the District board of Coimbatore. The estimated cost of the work was Rs. 98000. The divisional Engineer, Highways, called for tenders for the execution of that work-tenders to be sub-mitted before 12-5-1955. The petitioner the 2nd respondent and others submitted tenders. Eventually, under the orders of the Government, the tender of the 2nd respondent, which was the lowest, was accepted by the District board That was on 19-12-1955.

(2.) IT was the validity of that action of the District Board which the petitioner challenged by his application under Article 226 of the Constitution for the issue of a writ of certiorari.

(3.) THE petitioner contended that the acceptance of the tender of the 2nd respondent was vitiated by breach of Rules 9 and 10 of the rules for Tenders of contracts framed by the Government Under Section 199 (2) (n) of the Madras district Boards. Act, 1920, Act XIV of 1920. Rule 9 runs: