M/S.M.S.Chinnakannu and Co v. The State of Tamil Nadu

ORDER The petitioner has challenged the order dated 06.02.2026 passed by the sole respondent, rejecting the petitioner's technical bid on the ground that the bank certificate furnished by the petitioner was not in the format prescribed in the tender document.

¶2The tender was invited from eligible persons for the formation of a road in a tribal area. This Court, by order dated 09.02.2026, directed the parties to maintain the status quo. Consequently, the respondent did not proceed further with the tender process. Prima facie, the rejection of the petitioner's technical bid appears to be arbitrary and discriminatory. However, the learned State Counsel has placed on record a report stating that the respondent has decided to cancel the tender on the grounds of delay in execution of the project, cost escalation, administrative difficulties, and the need to ensure a fair and transparent opportunity for all eligible Class-I contractors.

¶3The learned Senior Counsel for the petitioner contended that, once the respondent had initiated the tender process, it could not unilaterally cancel the tender without assigning valid reasons.

¶4The petitioner has no vested right to compel the respondent to proceed with the tender, particularly when the respondent has assigned reasons for cancelling the tender.

¶5The tender notification dated 20.01.2026 was issued for completion of the two works within a period of nine months, as stipulated in the tender document. The tender process could not be completed on account of the interim order passed by this Court, which continues to operate as on date. In these circumstances, the contention of the learned Senior Counsel that the tender could not have been unilaterally cancelled without assigning valid reasons cannot be accepted.

¶6In view of the decision taken by the respondent to cancel the tender, nothing further survives for consideration in this Writ Petition. Accordingly, the Writ Petition is disposed of, directing the respondent to issue a fresh tender notification within a period of four weeks from today. This direction is issued particularly since the tender was originally issued pursuant to the direction of the Division Bench of this Court in a Public Interest Litigation for providing road connectivity to the tribal people. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

06.08.2026 Index : Yes/No Speaking order : Yes/No dna To The State of Tamil Nadu Represented by its Additional Collector (Development), District Rural Development Agency, Salem – 636001. W.P.No.4828oofo2026 HEMANToCHANDANGOUDAR.J., dna W.P.No.4828oofo2026 andoWMP.Nos.5386,o5387,o5388 o&o33909oofo2026

06.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and WMP.Nos.5386, 5387, 5388 & 33909 of 2026 M/s.M.S.Chinnakannu & Co., Represented by its Managing Partner, Mr.Selvam S, Pappambadi, Chinnappampatty (Post), Omalur Taluk, Salem – 636306. Petitioner(s) Vs. The State of Tamil Nadu Represented by its Additional Collector (Development), District Rural Development Agency, Salem – 636001. Respondent(s) Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to intimation dated 06.02.2026 issued by the respondent in relation to e-Tender Document No. Roc.No.7022/2025/A3 and quash the same, and further direct the respondent herein to permit the petitioner to participate in the financial bid with respect to the e-Tender Document No.Roc.No.7022/2025/A3 for 'Formation of Road From Kannamoochi Main Road To Kemmampatty (Km 4/8-7/030) (Forest Limit) H/o Palamalai Panchayat in Kolathur Block of Salem District under Infra Structure Development in Tribal Areas Link Road- (2025-26). For Petitioner : Mr.M.Sricharan Rangarajan Senior Advocate Ms.S.P.Sri Harini For Respondent : Mr.R.Nandhakumar Additional Government Pleader