Writ Petition No. 4607 of 2009 and M.P. (Md) Nos. 1 & 2 of 2009. Case: Shree Ganapathy Pumps Industries, Managing Director, P. Kennedy Vs 1. Goverment of Tamil Nadu, Secretary, Rural Development Department, Chennai, 2. Commissioner, Rural Developments Panchayat Raj, Chennai, 3. District Collector, Tiruchirappalli. High Court of Madras (India)
| Case Number | Writ Petition No. 4607 of 2009 and M.P. (Md) Nos. 1 & 2 of 2009 |
| Counsel | S. Muthukrishnan, Pala. Ramasamy |
| Judges | T. S. Sivagnanam, J. |
| Issue | Tamil Nadu Transparency in Tenders Act, 1998; Constitution of India, 1950 - Articles 14, 226 |
| Judgement Date | August 21, 2009 |
| Court | High Court of Madras (India) |
Judgment:
T. S. Sivagnanam, J.
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By consent, the writ petition is taken up for final disposal.
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The above writ petition has been filed for a issue of Writ of Certiorarified Mandamus, to call for the records relating to the order of the second respondent in proceedings Na.Ka.No.702425/03KV.Va.1, dated 18.04.2006 and quash the same and direct the second respondent to allow the petitioner to participate in the tender proceedings for supply of item pumps and pars.
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The petitioner has stated that it is a partnership firm engaged in manufacturing of hand pumps and products and they are registered as small scale industries before the District Industries Centre, Tiruchirappalli. The product manufactured by the petitioner is certified by the Bureau of Indian Standards and they are in possession of a valid licence. The petitioner has been recognised by the National Small Scale Industries Corporation Limited and included in the list of suppliers and they have been supplying hand pumps to the said Corporation from 16.09.2008. The petitioner also stated that they have been certified by an organisation and they have confirmed to the standard prescribed in ISO 9001-08 for the period 14.01.2009 to 31.01.2012.
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The petitioner would further submit that the second respondent had issued a proceeding dated 18.04.2006 directing all the District Collectors, Assistant Directors of Panchayats in all Districts and Assistant Executive Engineer/Power Pump Maintenance Officer in all Districts to call for tenders for the supply of hand pumps only for such of those industries having 4 to 5 years experience in the field. The petitioner would further submit that the insistence of the prior experience is not required since the Industries Department of Government of Tamil Nadu is accepting tenders from the small scale industries which are manufacturing quality products without insisting upon such prior experience. Therefore, two limbs of the Government cannot have different yardsticks for supply of very same product. The petitioner would place reliance upon a Government Order in G.O.Ms.No.84, Rural Development Department, dated 05.05.1998 and contend that the Government has approved the purchase of hand pumps from local market from the contractors by calling for tenders and by another G.O.Ms.No.195, Finance Department, dated 04.05.1998, the Government has only insisted upon purchase preference to be granted to small scale industries while effecting purchase.
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The grievance of the petitioner is that by virtue of the impugned proceedings dated 18.04.2006 their right to participate in the tender has been affected. The petitioner would further contend that the impugned order is against the...
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