P.ANNADURAI Vs. THE SUPERINTENDENT ENGINEER

JUDGEMENT

(1.) This Writ Petition is filed seeking for declaration declaring the award of work of widening and improvements from the 2 lane to 4 lane at KM 48/4-55-4 of Hogenakkal - Pennagaram - Dharmapuri - Thirupathur Road including CD works, Minor bridges, construction of drains and retaining wall 48/8-49/4 (SH 60) in pursuant to the tender notification dated 07.12.2018 issued by the 1st respondent to the 4th respondent as illegal, arbitrary and against the provisions of Tamil Nadu Transparency in Tender Act, 1998 as well as Rules 2000, and consequently, direct the 1st respondent to award the said work to the petitioner based on his price bid.

(2.) Heard Mr.M.R.Jothimanian, learned counsel appearing for the petitioner and Mr.S.T.S.Murthi, learned Additional Advocate General appearing for the 1st to 3rd respondents and Mr.V.Elangovan, learned counsel appearing for the 4th respondent.

(3.) The petitioner is aggrieved against the award of the subject matter contract to the 4th respondent. The main contention raised by the petitioner before this Court is that the first respondent having accepted the technical bid of the petitioner, ought to have allowed the petitioner to participate in the price bid as well. Therefore, it is contended by the petitioner that without permitting the petitioner to participate in the price bid, selecting the 4th respondent alone to award the contract is arbitrary and illegal.