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24. Incidentally, I may state that, from 2014 till date, and learned counsels would bear me out in this, almost every Notification for a TASMAC tender sees a flood of litigation in regard to the tender process, evaluation standards and the award. This certainly means that something is amiss in the process, calling for correction.

25. Section 10 of the Act provides for the evaluation and acceptance of the tender and reads thus:

61. In fact, the rampant litigation that results after every TASMAC tender notification bears testimony to this. No process of tender rife with such https://www.mhc.tn.gov.in/judis  W.P.Nos.21391 of 2022 & etc. batch uncertainty and lack of clarity can be said to be in accordance with the Tender Act and Rules. The object of the Act is to facilitate the process of tender and any situation or process that militates against this object, must go.

91. In the present case, the State has, itself, undertaken before this Court that the process as set out by the Division Benches shall be followed. To deviate from that undertaking renders the impugned Circular and Notification liable to interference of this Court.

92. The impugned tender notifications read with the Circular, to my mind, breach the cardinal principle of ‘legal certainty’ in tender matters. The narration in the preceding paragraphs has captured the difficulties faced in TASMAC tender matters over the years, especially in relation to the obtaining of an NOC from the property owner, and the stage of the same. Such uncertainty, in my view, vitiates the basic tenets of, and objects enshrined in, public procurement and are fatal to its cause.

(iii) above.

(v) It is made clear that in subsequent tenders, it is TASMAC that must obtain NOC from the property owners. As regards the procedure to be followed for obtaining of lease agreement by the applicants, a hassle-free, transparent and smooth procedure must be put in place by TASMAC and implemented in the tenders to follow.