SRI GANGA TRANSPORT Vs. SUPERINTENDING ENGINEER AND OTHER

JUDGEMENT

(1.) The petitioner-Transport Company has come forward with the above Writ Petition praying for issuance of a Writ of Certiorari to call for the entire records of the second respondent in Letter No. SE-1/CW/PAIV/1036/2002, dated 28.02.2013 and quash the same.

(2.) According to the petitioner, a tender was invited for collection of parking fees in heavy vehicles parking area in bus and truck terminal complex in Madhavaram at Chennai, which was notified on 21.01.2013 and was to be opened on 08.02.2013. The petitioner was the successful bidder and quoted the highest amount of Rs. 49 lakhs, which was accepted, but the petitioner could not pay the amount initially and requested/prayed that the amount may be permitted to be paid in instalments and also prayed for time. After several correspondences, the request of the petitioner was rejected by the impugned communication, dated 28.02.2013. It is submitted by the learned counsel for the petitioner that though there is no bar for the authorities to reject the request if there are no genuine grounds, the request of the petitioner being a genuine one, the said bar of the petitioner from participating in the tenders, cannot be without issuance of any show cause notice, more particularly, when there is no clause in the application itself debarring any one or the petitioner from participating in the tender process.

(3.) Apart from that, one of the conditions imposed in the tender application is that the CMDA will forfeit the EMD (Earnest Money Deposit) if the tenderer does not adhere to the payments within the specified period of time, as per Clause 6.4 dealing with Earnest Money Deposit and also as per Clause 21 of the tender conditions and this has already been done and that the petitioner cannot be put to any suffering by debarring him, which may go against him in the future participation of the tender process in case he participates.