High Court · 2025

W.P.Nos.27057 of 2021 and 5705 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.09.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.27057 of 2021 and 5705 of 2022AndW.M.P.No.5801 of 2022V Link Systems Private Limited represented by its Director R.Venkatramakrishnan 72/3 Harrington Road Alsa Gardens, II Floor, A Block, Alsa Crescent Chetpet, Chennai – 600 031. ... Petitioner in both the W.Ps.Vs.1 The Government of Tamilnadu represented by the Home Secretary Additional Chief Secretary to Government Home Prohibition & Excise Department Secretariat, Chennai – 600 009.2 The Director General of Police (Head of Police Force) Tamilnadu Police Department Mylapore Chennai – 600 004.... Respondents in both the W.Ps.3 The Additional Director General of Police Technical Services Tamilnadu Police Mylapore 1/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 2022 Chennai – 600 004.4 The Deputy Inspector General of Police Technical Services Tamilnadu Police Mylapore Chennai – 600 004.... Respondents in W.P.27057/2021Prayer in W.P.No.27057 of 2021:Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to refrain from meting out discriminatory treatment to the petitioner by way of cancelling the tenders in which petitioner is declared as successful bidder, without any valid justification or by illegally withholding payment of EMD/Security Deposit due and payable to the petitioner and to consequently direct the respondents to return the EMD/Security Deposit amount to the petitioner to the tune of Rs.71,95,783/- due and payable to the petitioner herein, within a limited time frame as deemed fit by this Hon'ble Court.Prayer in W.P.No.5705 of 2022:Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the first respondent in G.O.(D) No.871, Home (Modern) Department, dated 11.08.2021, quash the same.For Petitioner : Mr.M.RaviFor Respondents: Mr.P.S.Raman Advocate General Assisted by Mr.K.H.Ravikumar2/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 2022 Government Advocate C O M M O N O R D E RW.P.No.27057 of 2021 has been filed seeking issuance of Writ of Mandamus directing the respondents to refrain from meting out discriminatory treatment to the petitioner by way of cancelling the tenders in which petitioner is declared as successful bidder, without any valid justification or by illegally withholding payment of EMD/Security Deposit due and payable to the petitioner and to consequently direct the respondents to return the EMD/Security Deposit amount to the petitioner to the tune of Rs.71,95,783/- due and payable to the petitioner, within a limited time frame.2.W.P.No.5705 of 2022 has been filed seeking issuance of Writ of Certiorari calling for the records of the first respondent in G.O.(D) No.871, Home (Modern) Department, dated 11.08.2021, quash the same.3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 3/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 20224.The learned counsel appearing for the petitioner submitted that the petitioner is a private limited company catering to the telecom requirements of various Government Organisations across India. The grievance of the petitioner is that though the petitioner was awarded many tenders by the respondents 3 and 4 and the petitioner has been consistently meting out all the requirements including all the contractual obligations in full compliance of the tender conditions, from the year 2017 – 18, the petitioner has been consistently subjected to serious prejudice for strange reasons. The learned counsel further submitted that during the year 2016 – 17 and 2017 – 18, the petitioner was the successful bidder in five open press tenders to the tune of Rs.25 Crores, however, after a lapse of two to three years, the said tenders were cancelled by the respondents 3 and 4 and the respondents 3 and 4 also did not return the EMD/Security Deposit amount of Rs.71,95,783/- to the petitioner. Hence, the petitioner made representation to the respondents seeking refund of the EMD/Security Deposit deposited by the petitioner and since there is no response, the petitioner filed W.P.No.27057 of 2021. 5.The learned counsel appearing for the petitioner further submitted that upon the request made by the second respondent to 4/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 2022the Government to issue orders for banning the petitioner from the business dealings for the period of three years on the ground that the petitioner submitted false and forged document inorder to get tender by deceitful means, the Government issued G.O.(D) No.871, Home (Modern) Department, dated 11.08.2021, banning the business dealing with the petitioner for a period of three years and aggrieved by the same, the petitioner filed W.P.No.5705 of 2022. 6.The learned Advocate General appearing for the respondents submitted that during the years 2015 and 2016, the second respondent awarded tender in favour of petitioner for purchase of 105 and 13 numbers of HF data modem under two bids system, upon perusing the tender document and believing that the tender document was genuine. Later on verification and scrutiny of the documents, it was found that the purchase order given by one M/s.ProsysCelnet Private Limited in favour of the petitioner for purchase of 12 numbers of HF Data Modem is not genuine and it appears that the experience certificate has been forged and submitted along with the tender documents only for the purpose of getting the tenders. Thereby, the impugned Government Order was issued and a case was registered by DVAC in FIR No.2/2020 under Sections 120B, 465, 468, 471 of IPC 5/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 2022and 13(2) r/w 13(1) (c) & (d) of Prevention of Corruption Act, 1988 and 7, 7(A), 15 r/w 13 (1) (a) of Prevention of Corruption Act, 1988 as amended in 2018 against 14 Technical Officers and two firms viz., M/s.V.Link Systems (P) Limited/ petitioner and M/s.Lookman Electroplast Industries (P) Limited and after investigation, the Police Department has also filed charge sheet through e-filing on 15.03.2024 and the same culminated to C.C.No.259 of 2024 before the Special Court for Trial of Cases under the Prevention of Corruption Act, Chennai and the same is pending.7.The learned Advocate General appearing for the respondents further submitted that if the petitioner is acquitted in C.C.No.259 of 2024, the impugned Government Order will be reconsidered and the EMD/Security Deposit amount will be refunded to the petitioner. Hence, without interfering with any of the observations made in the impugned Government Order, this Court may grant liberty to the petitioner to canvass all the points before the trial Court where the criminal case is pending and this Court may issue direction to the trial Court to decide the case in C.C.No.259 of 2024 independently, without being influenced by any of the observations made in the impugned Government Order. The learned Advocate General further submitted 6/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 2022that the business dealing with the petitioner was banned only for a period of three years and the said period expired on 10.08.2024 and hence there is no legal impediment to the petitioner to participate in the future tender and the banning of the business dealing with the petitioner will not be held against the petitioner in future tender.8.The submissions made by the learned Advocate General appearing for the respondents is recorded. 9.Admittedly, during the years 2015 and 2016, the petitioner was awarded tender for purchase of 105 and 13 numbers of HF data modem under two bids system. Later on verification and scrutiny of the documents, it was found that the purchase order given by one M/s.ProsysCelnet Private Limited in favour of the petitioner for purchase of 12 numbers of HF Data Modem is not genuine and that the experience certificate has been forged and submitted along with the tender documents, thereby, the impugned Government Order was issued banning the business dealing with the petitioner for a period of three years and the EMD/Security Deposit amount deposited by the petitioner was also not refunded to the petitioner.7/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 202210.In view of the fair submissions made by the learned Advocate General, this Court is inclined to dispose of these writ petitions on the following terms:(i)If the petitioner succeeds in the case in C.C.No.259 of 2024, the State Government is directed to refund the EMD/Security Deposit amount forthwith, to the petitioner. (ii)Without interfering with any of the observations made in the impugned Government Order, this Court grants liberty to the petitioner to canvass all the points before the trial Court where the criminal case is pending.(iii)The trial Court is directed to decide the case in C.C.No.259 of 2024 independently, without being influenced by any of the observations made in the impugned Government Order and without being influenced by any of the observations made in this order. (iv)Since the business dealing with the petitioner was banned only for a period of three years and the said period expired on 10.08.2024, there is no legal impediment for the petitioner to participate in the future tender.(v)The tender awarding authority is directed to not to cite the earlier ban against the petitioner as a reason for rejecting the petitioner's future tender application.8/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 202211.The writ petitions are disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 16.09.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1 The Government of Tamilnadu represented by the Home Secretary Additional Chief Secretary to Government Home Prohibition & Excise Department Secretariat, Chennai – 600 009.2 The Director General of Police (Head of Police Force) Tamilnadu Police Department Mylapore Chennai – 600 004.3 The Additional Director General of Police Technical Services Tamilnadu Police Mylapore Chennai – 600 004.4 The Deputy Inspector General of Police Technical Services Tamilnadu Police9/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 2022 Mylapore Chennai – 600 004.M.DHANDAPANI,J.priW.P.Nos.27057 of 2021 and 5705 of 2022AndW.M.P.No.5801 of 202216.09.202510/10 https://www.mhc.tn.gov.in/judis W.P.Nos.27057 of 2021 and 5705 of 202211/10