Madras High Court
Mjd Construction And Engineering ... vs I.Kezhson on 24 September, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
and
C.M.P(MD)Nos.15516, 15517, 15520 & 15521 of 2025
1.W.A(MD)No.2727 of 2025:
MJD Construction and Engineering Contractors (P) Ltd,
Represented by its Managing Director,
Janaka Jebangelin,
No.5/112-B, Main Road,
Kannumamoodu,
Palugal Village,
Kanniyakumari District. ... Appellant/3rd Party
Vs.
1.I.Kezhson,
S/o.Isaac,
Azhagiyapandipuram,
Azhagiyapandipuram Post,
Kanyakumari District. ... 1st Respondent/Writ Petitioner
2. The Director of Town Panchayat,
8th Floor, Urban Administrative Office Campus,
Raja Annamalaipuram, Chennai - 600 028.
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W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
3.The District Collector,
Kanyakumari District at Nagercoil.
4.The Executive Engineer,
Town Panchayat Department,
Tirunelveli Zone.
5.The Executive Officer,
Kadayal Selection Grade Town Panchayat,
Kadayal,
Kanyakumari District. ...Respondents 2 to 5/
Respondents 1 to 4
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order made in W.P.(MD)No.20235 of 2025 dated 26.08.2025 on
the file of this Court.
2.W.A(MD)No.2728 of 2025:
MJD Construction and Engineering Contractors (P) Ltd,
Represented by its Managing Director,
Janaka Jebangelin,
No.5/112-B, Main Road,
Kannumamoodu,
Palugal Village,
Kanniyakumari District. ... Appellant/3rd Party
Vs.
1.I.Kezhson, S/o.Isaac,
Azhagiyapandipuram,
Azhagiyapandipuram Post,
Kanyakumari District. ... 1st Respondent/Writ Petitioner
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W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
2. The Director of Town Panchayat,
8th Floor, Urban Administrative Office Campus,
Raja Annamalaipuram, Chennai - 600 028.
3.The District Collector,
Kanyakumari District at Nagercoil.
4.The Executive Engineer,
Town Panchayat Department,
Tirunelveli Zone.
5.The Executive Officer,
Edaicode Selection Grade Town Panchayat,
Edaicode
Kanyakumari District. ...Respondents 2 to 5/
Respondents 1 to 4
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order made in W.P.(MD)No.20236 of 2025 dated 26.08.2025 on
the file of this Court.
3.W.A(MD)No.2729 of 2025:
MJD Construction and Engineering Contractors (P) Ltd,
Represented by its Managing Director,
Janaka Jebangelin,
No.5/112-B, Main Road,
Kannumamoodu,
Palugal Village,
Kanniyakumari District. ... Appellant/3rd Party
Vs.
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W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
1.I.Kezhson,
S/o.Isaac,
Azhagiyapandipuram,
Azhagiyapandipuram Post,
Kanyakumari District. ... 1st Respondent/Writ Petitioner
2. The Director of Town Panchayat,
8th Floor, Urban Administrative Office Campus,
Raja Annamalaipuram, Chennai - 600 028.
3.The District Collector,
Kanyakumari District at Nagercoil.
4.The Executive Engineer,
Town Panchayat Department,
Tirunelveli Zone.
5.The Executive Officer,
Ponmanai Selection Grade Town Panchayat,
Ponmanai,
Kanyakumari District. ...Respondents 2 to 5/
Respondents 1 to 4
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order made in W.P.(MD)No.20238 of 2025 dated 26.08.2025 on
the file of this Court.
4.W.A(MD)No.2730 of 2025:
MJD Construction and Engineering Contractors (P) Ltd,
Represented by its Managing Director,
Janaka Jebangelin,
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W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
No.5/112-B, Main Road,
Kannumamoodu,
Palugal Village,
Kanniyakumari District. ... Appellant/3rd Party
Vs.
1.I.Kezhson,
S/o.Isaac,
Azhagiyapandipuram,
Azhagiyapandipuram Post,
Kanyakumari District. ... 1st Respondent/Writ Petitioner
2. The Director of Town Panchayat,
8th Floor, Urban Administrative Office Campus,
Raja Annamalaipuram, Chennai - 600 028.
3.The District Collector,
Kanyakumari District at Nagercoil.
4.The Executive Engineer,
Town Panchayat Department,
Tirunelveli Zone.
5.The Executive Officer,
Thiruvattar Selection Grade Town Panchayat,
Thiruvattar,
Kanyakumari District. ...Respondents 2 to 5/
Respondents 1 to 4
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order made in W.P.(MD)No.20889 of 2025 dated 26.08.2025 on
the file of this Court.
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W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
In all W.As:
For Appellant : Mr.N.Dilip Kumar
For Respondents : Mr.Puhazh Gandhi (R1)
: Mr.S.P.Maharajan (R2 & R3)
Special Government Pleader
Mr.M.Ajmal Khan (R4 & R5)
Additional Advocate General
Assisted by
Mr.S.P.Maharajan
Special Government Pleader
COMMON JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The appellant is aggrieved by an order passed on 26.08.2025 in a batch of writ petitions in WP(MD)Nos.20235, 20236, 22308 and 20889 of 2025.
2. The brief fact relevant to these writ appeals is that tenders were called for by Kadayal, Thiruvattar, Ponmanai, Edaicode Selection Grade Town Panchayat for strengthening and laying of roads. The appellant as well as the writ petitioner / R1, were bidders. Bidding is as 6/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/10/2025 03:26:44 pm ) W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025 per the two stage bidding process requiring both technical bids as well as financial bids to be submitted. The procedure followed by the Tender Inviting Authority (TIA) / Tender Accepting Authority (TAA) is to first open the technical bids and shortlist the successful bidders. As R1 did not make the cut, he was not part of the shortlist. Aggrieved by his exclusion, he challenged his non-selection / rejection of technical bid by orders dated 09.07.2025, 04.07.2025 & 17.07.2025, by way of writ petitions, seeking a consequential direction to the Executive Officer of the TIA to open and include his price bid for due consideration.
3. Pending writ petitions, work orders came to be issued to the appellant, notwithstanding which, the appellant had not been impleaded as party in the writ petitions. The writ petitions ultimately came to be disposed on 26.08.2025 and the work orders dated 10.07.2025, 22.07.2025, 04.07.2025 and 01.07.2025 issued to the appellant, were quashed, albeit in their absence. Leave had been sought by the appellant, that was granted, leading to the present writ appeals.
4. We have heard Mr.N.Dilipkumar, learned counsel for the appellant, Mr.Puhazh Gandhi, learned counsel for R1, Mr.M.Ajmal Khan, 7/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/10/2025 03:26:44 pm ) W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025 learned Additional Advocate General, assisted by Mr.S.P.Maharajan, learned Special Government Pleader for R2, R3, R4 and R5.
5. The procedure followed in the award of tenders must align with the provisions of the Tamil Nadu Transparency in Tenders Act, 1998' ('Act'). Upon receipt of a valid bid by the TIA, the opening of the bids is to be in two stages, the first, opening of the technical bid, and the second, the financial bid of those bidders who were successful in the technical bid.
6. Section 11 of the Act provides for remedy by way of appeal and reads thus:-
“11.Appeal.-- (1) Any tenderer aggrieved by the order passed by the Tender Accepting Authority under section 10 may appeal to the Government within ten days from the date of receipt of order and the Government shall dispose the appeal within fifteen days from the date of receipt.
(2) In disposing of an appeal under sub-section (1), the Government may, after giving the party an opportunity of making his representations, pass such order thereon as they may deem fit.
(3) The order of the Government on such appeal shall be final.
(4) The Government may, pending the exercise of their powers under this section pass such interlocutory orders as they may deem fit.” 8/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/10/2025 03:26:44 pm ) W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025
7. The question that arises is as to whether the remedy of appeal would be available to bidders, who were excluded on opening of the technical bid also.
8. In fact, one of us had had occasion to consider the identical question in WP.No.9046 of 2022 that had been decided by order dated 21.04.2022.
9. In that case as well, the writ petition had been filed by an entity aggrieved by its exclusion from the tender process on account of not being technically qualified. It had been concluded that the appellate remedy is self-contained and could be availed by an entity excluded at the initial stage of technical bid, though only after completion of the entire proceedings.
10. We are inclined to follow this order in the present matter as well. Mr.Gandhi accedes to the position that R1 would now file an appeal challenging orders dated 09.07.2025, 04.07.2025 & 17.07.2025 within a period of three days from today, ie., on or before 29.09.2025 before the Secretary, Municipal Administration and Water Supply, Chennai ('Appellate Authority'). He shall appear for a personal hearing 9/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/10/2025 03:26:44 pm ) W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025 before the Appellate Authority on 29.09.2025 at 11.00 a.m., and orders shall be passed in the appeals on or before 06.10.2025. Since the Appellate Authority is not a respondent in this matter, we request Mr.Ashok, learned Additional Government Pleader to convey the contents of, and supply a copy of this order, to him forthwith, for necessary action.
11.Work orders dated 10.07.2025, 22.07.2025, 04.07.2025 and 01.07.2025 already issued to the Appellant will be kept in abeyance till 06.10.2025 or till orders are passed by the Appellate Authority, whichever is earlier. If the orders are adverse to R1, nothing further needs to be said and the work orders will simply stand revived. If he is successful, then the financial bid of R1 shall also be opened and the tender process shall continue, in accordance with law and tender conditions.
12.These writ appeals are allowed in terms of this order. No costs. Consequently, connected miscellaneous petitions are closed.
[A.S.M.J.,] & [C.K.J.,]
24.09.2025
NCC :Yes/No, Index :Yes/No
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W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025 To
1.The Director of Town Panchayat, 8th Floor, Urban Administrative Office Campus, Raja Annamalaipuram, Chennai - 600 028.
2.The District Collector, Kanyakumari District at Nagercoil.
3.The Executive Engineer, Town Panchayat Department, Tirunelveli Zone.
4.The Executive Officer, Kadayal Selection Grade Town Panchayat, Kadayal,Kanyakumari District.
5.The Executive Officer, Edaicode Selection Grade Town Panchayat, Edaicode Kanyakumari District.
6.The Executive Officer, Ponmanai Selection Grade Town Panchayat, Ponmanai, Kanyakumari District.
7.The Executive Officer, Thiruvattar Selection Grade Town Panchayat, Thiruvattar, Kanyakumari District.
11/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/10/2025 03:26:44 pm ) W.A(MD)Nos.2727, 2728, 2729 & 2730 of 2025 DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
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