N YANOSE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner invoking Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus, to quash the impugned order in Na.Ka.No.629/2018/A1, dated 03.10.2018, on the file of the fifth respondent and the impugned order in Na.Ka.No.500/2018 dated 03.10.2018, on the file of the sixth respondent and the impugned order in Na.Ka.No.729/2018/A1 dated 05.10.2018, on the file of the seventh respondent and the impugned Order in Na.Ka.No.532/2018 dated 05.10.2018, on the file of the eighth respondent and the impugned order in Na.Ka.No.586/2017/A1, dated 05.10.2018, on the file of the ninth respondent and the impugned order in Na.Ka.No.142/2017/A1, dated 05.10.2018, on the file of the tenth respondent and the impugned order in Na.Ka.No.630/2018/A1, dated 05.10.2018, on the file of the eleventh respondent and further consequently, to direct the respondents to conduct E-Tender by making wide publication in the Newspapers as enunciated in the Government Order in G.O.Ms.No.599, Finance Department, dated 28.12.2007 and Rule 11 of the Tamil Nadu Transparency in Tender Rules, 2000 within a time frame.

(2.) The case of the petitioner, as stated in the affidavit filed in support of the writ petition, is that the petitioner is a first class contractor, who had carried out several works on behalf of Public Works Department and other Government undertakings and had also carried out works of several Panchayats in Kanyakumari District.

(3.) The petitioner claims that the impugned orders challenged herein are per se illegal for the reason that the respondents 5 to 11 have violated Rule 11(2) of the Tamil Nadu Transparency in Tenders Rules, 2000, apart from questioning the jurisdiction to issue such tender by the respondents 5 to 11. The main criteria as raised by the petitioner, in his affidavit filed in support of the writ petition, is that the respondents 5 to 11 have not published the tender in any newspaper, which is in violation of the conditions prescribed under the Tamil Nadu Transparency in Tenders Rules, 2000.