T THANAPANDIAN Vs. TENDER AWARD COMMITTEE

JUDGEMENT

(1.) The petitioner states that he is a Class - I Registered Contractor. The petitioner has been executing various project works allotted by the Government of Tamilnadu from its various Departments for more than 15 years. The Government of Tamilnadu issued notification dated 28.10.2009 calling for tenders from Class - I contractors to award the work for construction of Fish Landing Centres at Periyamangodu in Thiruvallur District.

(2.) In response to the said notification, the petitioner submitted his tender application to the second respondent. According to the petitioner, the process of selection involves two stages, namely, qualification tender and price tender. The petitioner was fully qualified in the qualification tender and hence he was allowed to participate in the price tender. In the price tender, his tender was accepted. After negotiation, the tender value was fixed at Rs.4,27,01,055/-

(3.) Whileso, a First Information Report was registered against the petitioner relating to a work in reconstruction of vulnerable houses of Tsunami affected in Tirunelveli District Package No.1 and Package No.2. The contract was awarded to him in the said scheme. While awarding contract in the said scheme, the petitioner was asked to furnish two bank guarantees, each to the value of Rs.9.60 Lakhs and Rs.9.72 Lakhs. Now, a criminal complaint by the Department, against the petitioner, has been lodged stating that he produced forged bank guarantees. Now the matter is pending investigation by the CBCID. The petitioner also filed Crl.O.P.No.5502 of 2009 seeking Anticipatory bail before the Madurai Bench of this Court. The Madurai Bench of thsi Court was pleased to grant Anticipatory Bail by an order dated 05.08.2009.