SEKAR REPORTER

Court News from Madras High Court

GLIMPSE OF A LATEST VERDICT* *W.P. 1187/2021* K. Annaporani Vs. The Commissioner Dated: 23.07.2021 *Hon’ble Justice D. Krishnakumar* disposed of the Writ Petition in the matter relating to *“Tender irregularities and setting right the same”* and further observed and held the following: tender case new order of krishnakumar j

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*GLIMPSE OF A LATEST VERDICT*

*W.P. 1187/2021*
K. Annaporani Vs. The Commissioner
Dated: 23.07.2021

*Hon’ble Justice D. Krishnakumar* disposed of the Writ Petition in the matter relating to *“Tender irregularities and setting right the same”* and further observed and held the following:Π

i) The subject matter of the Writ Petition is that the Municipality had not followed the procedures as contemplated under the Tamil Nadu Transparency in Tender Rules, 2000. Subsequent to the Hon’ble Court pointing out the defects in the tender process, the Municipality filed an Affidavit stating that the work order given to the successful bidder would be cancelled and fresh tender would be issued and the whole tender process would be completed within a period of 60 days. The Hon’ble Court accepted the Affidavit and allowed the Respondent Municipality to proceed with the issuance of fresh tender.

ii) The Hon’ble Court observed that the Tender inviting authorities had failed to comply with the provisions of the Sections and Rules of the Tamil Nadu Transparency in Tenders Act and Rules.

iii) The Hon’ble Court had recorded the various suggestions put forth by the Learned counsels for the parties in order to avoid disputes, prevent corruption, malafide and irregularities in the tender process.

iv) In order to avoid serious allegations of corruption, bias, malafide and irregularities in the conducting of the tender process, Strict compliance of the procedures as contemplated under the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tenders Rules, 2000, is required from the officers concerned in the tender processing system and deviations should be strictly viewed by the Government.

v) The Hon’ble Court further held that the State Government should take into consideration the suggestions of the parties, frame suitable guidelines and issue appropriate instructions to all the Local Bodies to follow the procedures as contemplated under the Tamil Nadu Transparency in Tenders Act and Rules without any deviation

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