DEEPIKA TRANSPORTS Vs. GENERAL MANAGER, DINDIGUL CO

JUDGEMENT

(1.) W.P. No. 103 of 2009 has been filed for writ of mandamus directing the respondent to open commercial bid in pursuance of the notification issued by the first respondent for the purpose of transportation of Milk for the year 2009-2010.

(2.) The petitioners are dealing with hiring of milk tanker for number of years with the respondents and the respondents hired the petitioner's tankers to procure and supply milk to the places mentioned by the respondents from time to time. The Petitioner Transports has been engaged in procuring and supplying the milk in Dindigul area. Whileso, the 2nd respondent invited tenders in Tamil Dailies for the hiring of milk tankers for the year 2009-2010 for the Dindigul Co-operative Milk Producers Union Ltd. As per the said notification, the last date for the submission of tender was 11.12.2008 upto 1.00 p.m. The time for opening of technical bid was fixed at 11.00 a.m on 12.12.2008 and the time for opening of commercial bid was fixed at 11.00 a.m on 15.12.2008. In response to the tender notification issued by the respondent, 6 agencies including the petitioner herein have submitted their tenders in the office of the first respondent before the stipulated time on 11.12.2008 as per the said tender notification. The respondent also after receiving applications from the petitioners opened only the technical bids on 12.12.2008. The tender committee, after scrutinizing the tenders submitted by the 6 agencies rejected 3 tenders and declared 3 tenders as qualified namely Deepika Transports, South India Road Milk Transports and Jareen Transport. This proceeding of rejecting of 3 tenders and selecting of 3 tenders were done in the presence of 6 agencies whose representatives also signed in the minutes of the proceedings. When the second part of opening the commercial bid came on 15.12.2008 at 11.00 a.m as per the said notification, it was submitted by the learned Counsel appearing for the petitioner that the tender committee for the reasons best known to them did not open the commercial bid and selected the 3 qualified tenderers on 03.12.2008 at 11.00 a.m. Immediately, the petitioner Transports sent a detailed letter requesting the respondent to instruct the tender committee to strictly follow the tender terms and conditions by opening the commercial bid on 15.12.2008. But the first respondent sent a phonogram to the petitioners and others as follows:

(3.) Though the tenders were opened at the stipulated time, the commercial bid was not opened in spite of fixing the date as 15.12.2008. Therefore, the writ petitioner complained of irregularities for not opening the technical bid, particularly when nobody objected or raised any clarification in respect of commercial bid or technical bid, without any procedural violation, the commercial bid as stipulated to be opened on 15.12.2008 has not been opened, hence, the writ petition has been filed seeking for a direction to the respondents to open the commercial bid as per the tender notification.