HON’BLE MADURAI BENCH) IN WP 9028/2021 DIRECTS DVAC & SECRETARY, MUNICIPAL ADMINISTRATION TO CONDUCT AN ENQUIRY INTO ALLEGED TENDER IRREGULARITIES ON 38 TENDERS BY ADMK GOVT IN A PETITION FILED BY FORMER DMK MINISTER – MR SURESH RAJAN

HON’BLE MADURAI BENCH) IN WP 9028/2021 DIRECTS DVAC & SECRETARY, MUNICIPAL ADMINISTRATION TO CONDUCT AN ENQUIRY INTO ALLEGED TENDER IRREGULARITIES ON 38 TENDERS BY ADMK GOVT IN A PETITION FILED BY FORMER DMK MINISTER – MR SURESH RAJAN

A PIL has been filed in the Madurai Bench by former DMK Minister Mr Suresh Rajan seeking for vigilance enquiry on the tenders floated by the Director of town panchayat for laying and repairing roads in Kanyakumari district came up before Hon’ble Justice Ms Pusha Sathyanarayanan and Hon’ble Justice Mr Velmurugan as Item No.32.

Puhazh Gandhi P, counsel for petitioner Mr Suresh Rajan contented that tenders were floated in a secretive way by the former ADMK government to favor the ADMK party men. Tender documents were not published and tender schedule were not given to every one and people are selected through closed door practice. Tenders were secretively finalized in favor of ADMK contractors just before the election notification.

The Executive Officers of various panchayats like Verkilambi Grade-I Panchayat, Killiyoor Grade -I Panchayat, Valvachhakottam Panchayat, Palugal Panchayat, Kodanallur Panchayat, Eludesam Panchayat, Thiruvidancode Panchayat, Kallukootam Panchayat, Aralvaimozhi, Kadayal, Mulagumoodu all come under the administrative control of Director,Town Panchayat called for various tenders to the tune of Rs 19.52 Crores for road works vide administrative sanction dated 13.01.2021 in Na.Ka.No.376/2021/Aa4. However the tender was done in a secret manner without following the rules under Tamilnadu Tender Transparency Act and rules with a view to favor some contractors close to the establishment.

Puhazh Gandhi P-counsel contented that the whole process was an eye-wash. As per rule 16 read with rule 20 of the Tender Transparency rules, tender documents have to be made available to the bidders along with the Notice Inviting Tender and clear 30 days’ time has to be given for submission of tenders for tenders with more than Rs 2 cr value and for value less than Rs 2 Cr minimum time of 15 days needs to be given, so as to enable the bidders to prepare well in advance. No proper tender notice was published. In some cases tender notice dated 27.01.2021 is published in newspaper dated 06.02.2021 and tenders were closed on 12.02.2021 secretly without allowing competing bidders to participate. In many panchayats, even paper publication was not made. All this was done to favor ADMK contractors and that too before the election notification. Further out of 38 tenders, 22 tenders are given to one single contractor for seven out of thirteen town panchayats. While the total value of the tender is Rs 19 crores, tenders worth Rs 12,57 cr was allotted to a single contractor through this corrupt practice.

Earlier on 25.06.2021 when the matter came up before Honble Chief Justice Mr Sanjib Banerjee and Honble Justice Mr T S Sivagnanam, the court granted an interim order making the ‘tenders subject to the outcome of the writ petition’. Today hearing the counsel for the petitioner the bench comprising of Hon’ble Justice Ms Pusha Sathyanarayanan and Hon’ble Justice Mr Velmurugan directed the Department of Vigilance and Anti Corruption to conduct an enquiry into the alleged tender irregularities and submit a report within 4 weeks.
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