Justice pugalethi coal case order. Writ Petition No.4389 of 2021 is filed under Article 226 of the Constitution of India seeking issuance of a writ of certioraried mandamus calling for the records relating to the impugned Tender Specification No.Coal~74 dated 18.1.2021 passed by the respondent herein and quash Section I, Clause 6.0 of the impugned Tender Specification No.Coal~74 dated 18.1.2021 and direct the respondent to extend the time for filing of the bid upto 23.3.2021.Arguments:Senior Advocate M.S. Krishnan submitted that the time limit prescribed for submission of the Tenders was against the Tender Transparency Rules. The eTender Notification dated 7.2.2021 was published on 8.2.2021 on at 11:30 hours in the Tamil Nadu Government E~Procurement Portal and the petitioner was able to access it only on 12.2.2021 and the deadline for submitting the tender documents is fixed as 23.2.2021. According to the learned Senior Counsel for the petitioner, the petitioner, a Company operating from Indonesia is involved in the business of coal mining and in view of the 15 days time limit as provided in the Tender Notification they are deprived from participating in the Tender and the time limit prescribed is in violation of Tamil Nadu Transparency in Tenders Rules, 2000.During the course of arguments, the learned Advocate General has fairly submitted that he advised to provide sufficient time by issuing Corrigendum. This court, by order dated 23.2.2021, has recorded the same and granted a liberty to issue the Corrigendum if they are so advised.Mr. M.S.Krishnan, learned Senior Counsel appearing for the petitioner in W.P.No.4389 of 2021 expressed his concern that if the time limit is extended by the Corrigendum, then his client has no other grievance.Further, it is also reported that the Corrigendum has been issued extending the time limit by providing additional 15 days time and therefore the respondent shall ensure the publication of Tender Notification in the Indian Trade Journal for enabling other bidders to participate in the Tender. Even if Code of Conduct is issued, it is open to the respondent to approach the Election Commission for proceeding with the work by referring the need for the coal.Thus, the writ petition was disposed.

Parties: P.T.Catur Azung Rizki v. Tamil Nadu Generation and
Distribution Corporation Ltd.,
rep. by its Chief Engineer/Mech/Coal.

Writ Petition No.4389 of 2021 is filed under Article 226 of the Constitution of India seeking issuance of a writ of certioraried mandamus calling for the records relating to the impugned Tender Specification No.Coal~74 dated 18.1.2021 passed by the respondent herein and quash Section I, Clause 6.0 of the impugned Tender Specification No.Coal~74 dated 18.1.2021 and direct the respondent to extend the time for filing of the bid upto 23.3.2021.

Arguments:

Senior Advocate M.S. Krishnan submitted that the time limit prescribed for submission of the Tenders was against the Tender Transparency Rules. The eTender Notification dated 7.2.2021 was published on 8.2.2021 on at 11:30 hours in the Tamil Nadu Government E~Procurement Portal and the petitioner was able to access it only on 12.2.2021 and the deadline for submitting the tender documents is fixed as 23.2.2021. According to the learned Senior Counsel for the petitioner, the petitioner, a Company operating from Indonesia is involved in the business of coal mining and in view of the 15 days time limit as provided in the Tender Notification they are deprived from participating in the Tender and the time limit prescribed is in violation of Tamil Nadu Transparency in Tenders Rules, 2000.

During the course of arguments, the learned Advocate General has fairly submitted that he advised to provide sufficient time by issuing Corrigendum. This court, by order dated 23.2.2021, has recorded the same and granted a liberty to issue the Corrigendum if they are so advised.

Mr. M.S.Krishnan, learned Senior Counsel appearing for the petitioner in W.P.No.4389 of 2021 expressed his concern that if the time limit is extended by the Corrigendum, then his client has no other grievance.

Further, it is also reported that the Corrigendum has been issued extending the time limit by providing additional 15 days time and therefore the respondent shall ensure the publication of Tender Notification in the Indian Trade Journal for enabling other bidders to participate in the Tender. Even if Code of Conduct is issued, it is open to the respondent to approach the Election Commission for proceeding with the work by referring the need for the coal.

Thus, the writ petition was disposed.