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2023 DIGILAW 2016 (MAD)

P. Monisha v. State of Tamil Nadu, Rep. by its Principal Secretary to Government, Chennai

2023-06-08

RMT.TEEKAA RAMAN

body2023
JUDGMENT (Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in relation to Na.Ka.No.1132/2022/A2 dated 20.12.2022 issued by the 6th respondent (impugned Notice) and quash the same as illegal and consequently, direct the respondent to allocate works as per the 15th Finance Commission guidelines and call for fresh tenders in accordance with law.) 1. The writ petition is filed by a Ward member of the Panchayat Union Council, challenging the tender awarded by the 6th respondent-Block Development Officer, Ayothiyapattanam Panchayat Union, for various welfare measures schemes in the Panchayat Union. 2. Writ petition is for a Writ of Certiorarified Mandamus, to call for and to quash Na.Ka.No.1132/22/A2 dated 20.12.2022, in respect of allocation of works. 3. The petitioner herein is the member of Ward No.9 of the 7th respondent Panchayat Union Council, as a Councilor for the M.Thathanur and Pallipatti Village Panchayats. According to the petitioner, impugned tender notice dated 20.12.2022 is in violation of Rules 16(3)(b) and 20 of the Tamil Nadu Transparency in Tender Rules, 2000 and further, the 6th respondent has allotted works for the other Wards and not for the petitioner''s Ward viz., Ward No.9. Therefore, according to the petitioner, the impugned tender notice is in violation of guidelines issued under the 15th Finance Commission. 4. Contesting official respondents viz., respondents 6 and 7 have filed the counter affidavit. 5. Heard the learned counsel for the petitioner and the learned Government Advocates appearing for the official respondents and also perused the typed set of papers. 6. The records reveals the fact that the 15th Finance Commission Plan, guidelines have been issued by the Central Government for the utilization of grant amount payable to Panchayat Raj Institutions under the recommendations on the Commission. 7. In respect of the works to be carried out under the 15th Finance Commission in the year 2022-2023, necessary approval was granted by the 3rd respondent vide his proceedings dated 13.12.2022 in Na.Ka.No.7378/2022/A3. In the said proceedings, the 3rd respondent has granted necessary administrative sanction for the works listed out in the impugned notice. 8. Pursuant to the above approval, a notice inviting tender was issued in Na.Ka.No.1132/2022/A2 signed on 20.12.2022, wherein tenders were invited for the works to be carried out in the Ayothiyapattanam Village under the 15th Finance Commission grants. In the said proceedings, the 3rd respondent has granted necessary administrative sanction for the works listed out in the impugned notice. 8. Pursuant to the above approval, a notice inviting tender was issued in Na.Ka.No.1132/2022/A2 signed on 20.12.2022, wherein tenders were invited for the works to be carried out in the Ayothiyapattanam Village under the 15th Finance Commission grants. In the above mentioned notice inviting tender, the date for opening of the tender was fixed as 28.12.2022. 9. It is seen from the counter affidavit filed by the official respondents 6 and 7 that Government of India in their Letter No.15(2) FCPage XV/FCD/2020-25 Ministry of Finance (Department of Expenditure) (Finance Commission Division) dated 14.07.2021, have issued guidelines for release and utilization of grants recommended by the Fifteenth Finance Commission (FCXV) for Rural Local Bodies. 10. (a) Further it was ordered that 50% of the tied grants can be used for two purposes viz., sanitation and maintenance of Open Defecation Free (ODF) status and supply of drinking water, rain water harvesting and water recycling additionally for sub-components like rejuvenation of water bodies and maintenance of existing water supply infrastructure. It was added that if the Rural Local bodies have fully saturated the needs of one category, it can use the funds for the other category. (b) Accordingly, Government of Tamil Nadu vide G.O.Ms.No.116, Rural Development and Panchayat Raj (PR-1) Department dated 25.06.2020; G.O.Ms.No.18, Rural Development and Panchayat Raj (PR-1) Department dated 03.02.2021; and G.O.Ms.No.59, Rural Development and Panchayat Raj (PR-1) Department dated 09.04.2021, have issued orders and released funds to the Rural Local Bodies. 11. The records reveals that the 7th respondent vide his letter Roc.No.330/2020/A3 dated 14.10.2022 has scheduled Ayodiapattinam Panchayat Union Council Meeting on 21.10.2022 for selecting and approving of scheme works [Council Subject No.35(339) (06)] under 15th Finance Commission Grants for 2022-23 allocated and received for Ayodiappattinam Panchayat Union, Salem District. The above meeting intimation along with copy of agenda was served to all nineteen Panchayat Union Ward Members including the writ petitioner. 12. All nineteen Panchayat Union Ward Members including the writ petitioner have attended the above meeting conducted on 21.10.2022 and signed in the attendance register and thus, there was 100% quorum. 13. The above meeting intimation along with copy of agenda was served to all nineteen Panchayat Union Ward Members including the writ petitioner. 12. All nineteen Panchayat Union Ward Members including the writ petitioner have attended the above meeting conducted on 21.10.2022 and signed in the attendance register and thus, there was 100% quorum. 13. During this meeting held on 21.10.2022, Ayodiapattinam Panchayat Union Council has resolute 38 scheme works to be carried over at total estimate of Rs.127.984 lakhs [Council Resolution No.35 (339 (06)] under 15th Finance Commission Grants for 2022-23. Sixteen Panchayat Union Ward Members out of nineteen have signed in Minute Book and thus, the above resolution for the selection of 38 scheme works has been accepted and approved by the majority of the members. 14. In continuation to the above acceptance of the Ayodiapattinam Panchayat Union Council for the said 38 scheme works at total estimate of Rs.127.984 lakhs [Council Resolution No.35 (339) (06)] to be carried over under 15th Finance Commission Grants for 2022-23, the 6th respondent has submitted proposals to the 3rd respondent vide his Roc.No.1132/2022/A2 dated 21.10.2022 and by accepting this, the 3rd respondent has accorded administrative sanction in his Proc.Roc.No.7378/2022/A3 dated 13.12.2022 as follows: Breakup details of sanctioned works Sl.No. Category No.of works Estimate 1 50% Water supply works under 60% tied fund 8 3839520 2 50% Sanitation works under 60% tied fund 11 3839520 3 50% other non-priority works under 40% untied fund 6 2559680 4 50% priority school building maintenance works under 40% untied fund 13 2559680 Total 38 12798400 15. Pursuant to the above administrative sanction of the 3rd respondent, 6th respondent has called for tenders from registered contractors vide in his Roc.No.1132/2022/A2 dated 20.12.2022 for 37 works which are below 10.00 lakhs estimate and e-tender for one work which is at an estimate of Rs.11.9952 lakhs and the tender opening date was fixed on 28.12.2022 and for e-tender, it was 30.12.2022. 16. Contractors have participated in the tenders by remitting the deposits fixed and submitted their bids. These bids were opened and considered and the lowest bidders were found in accordance with law. Accordingly, 7th respondent issued the work order in his Roc.No.1132/2022/A2 dated 29.12.2022 to the successful bidders for 37 works and for the work for which e-tender was called has been postponed to 11.01.2013, on administrative reason. 17. These bids were opened and considered and the lowest bidders were found in accordance with law. Accordingly, 7th respondent issued the work order in his Roc.No.1132/2022/A2 dated 29.12.2022 to the successful bidders for 37 works and for the work for which e-tender was called has been postponed to 11.01.2013, on administrative reason. 17. All the successful bidders found for 37 works have already started the scheme works entrusted to them and considerable progress are seen. There were no objections on the part of the contractors in fixing the tender opening date on 28.12.2022 and finalizing these tenders. 18. From the above table, I find that most of the works relates to water supply to the public and in anticipating drought conditions during the forthcoming summer seasons and some of the main allotment is for the school building repair works, which are decided to be completed before the commencement of annual examinations that too during pongal festival holidays, without any hindrance to functioning of the school administration. 19. The learned Government Advocate appearing on behalf of respondents 6 and 7, would contend that pursuant to the work order given to the respective successful bidders, they have already started the works and completed part of the same. 20. The tender work has been allotted on 29.12.2022 and the writ petition is filed on 03.01.2023. After going through the allotment, I find that the allocation cannot be equal among all Panchayat Union Ward members since the works can be accepted only based on the local needs and on the request of the local residents and there cannot be a blindfold equal allocation to all Panchayat Union Ward members. 21. Next contention of the petitioner counsel is that there is a violation in not following the Tamil Nadu Transparency in Tender Rules, 2000 and that 15 days time has not been granted. 22. At paragraph No.14 of the counter, it is specifically stated as follows: “... as per Rule 20(2) of the above said rules any reduction in time stipulated as per Sub Rule (1) has to be specifically authorised by an authority superior to the Tender inviting Authority for reasons to be recorded in writing. As such the Additional Collector (Development), Salem District has specifically instructed the 7th respondent by his Block Development Officer Meeting Instruction dated 02.02.2022. As such the Additional Collector (Development), Salem District has specifically instructed the 7th respondent by his Block Development Officer Meeting Instruction dated 02.02.2022. That the Invite Short term Tender without bias, and expected the work as early as possible. So I invite short term Tender.” 23. Therefore, I find that the rules specified for reduction in time as per sub rule 1 of Rule 20, has been specifically authorized by the authority superior to the tender inviting authority, for reasons to be recorded in writing. In the instant case, the Additional Collector (Development) has specifically authorised the 7th respondent to do so and hence, this point urged by the learned counsel for the petitioner also stands rejected. 24. The next issue is that there is an allegation of violation of Rule 16(3)(b) of the Tamil Nadu Transparency in Tender Rules, 2000, which stipulates that when the tender value is above 10 lakhs, the tender document shall be made available for downloading from the said official website. 25. In this regard, at paragraph No.11 of the counter affidavit it is specifically stated as follows: “..... 7th respondent has called for tenders from registered contractors vide in his Roc.No.1132/2022/A2 dated 20.12.2022 for 37 works which are below 10.00 lakhs estimate and e-tender for one work which is at an estimate of Rs.11.9952 lakhs. As per the provisions of Tamil Nadu Tender Transparency Rules, 2000 etenders can be called only for scheme works with estimate about 10.00 lakhs and digital tender documents will be available only for that specific works with estimate above 10.00 lakhs in the website. Tender documents for said one work which is at an estimate of Rs.11,99,520/- is available in the respective website for free download. Inspite of knowing these details, the writ petitioner has submitted that these tender details were never uploaded in the website which is wrong and against the facts.” and hence, I find that all the contentions raised by the learned counsel for the petitioner stands negatived on the above factual position and if the petitioner, as a Ward member feels that sufficient amount has not been alloted to her Ward, she can make representation to her Council or to the District Collector, mentioning the need of her area and seek for necessary allotment. 26. With these observations, the Writ Petition is dismissed as devoid of merits. No Costs. 26. With these observations, the Writ Petition is dismissed as devoid of merits. No Costs. The interim order of stay granted in WMP Nos.376 and 377 of 2023, stands vacated. The vacate stay petition in WMP No.2067 of 2023, stands allowed.