1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).Nos.9734 & 9735 of 2011 K.Suresh Kumar : Petitioner in both WPs. Vs. 1.The Senior Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC) Limited., Trichy. 2.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC)Limited., Pudukottai District. : Respondents in both WPs. PRAYER IN BOTH WPs: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the 2nd respondent to issue tender schedule to the petitioner in pursuance to the tender notification in Vay.Aanai.No.47 Say.Ma.Tho Aa/2011, dated 08.08.2011 published in Dhinathanthi daily dated 09.08.2011 so as to enable the petitioner to participate in the tender process. For Petitioner in both cases : Mr.D.Venkatesh For Respondents in both cases : Mr.M.Muniasamy Standing Counsel COMMON ORDER The petitioner has sought for a Mandamus, directing the 2nd respondent to issue tender schedule to the petitioner in pursuance to the tender notification in Vay.Aanai.No.47 Say.Ma.Tho Aa/2011, dated 08.08.2011 published in Dhinathanthi daily dated 09.08.2011, so as to enable the petitioner to participate in the tender process. 2. It is the case of the petitioner that pursuant to a notification dated 08.08.2011, he approached the respondent for issuance of tender schedule and application form along with the prescribed demand draft. The request of the petitioner has not been considered so far and, hence, he has sent a representation, dated 09.08.2011, to the second to issue tender form. Contending inter alia that there is a failure on the part of the District Manager, TASMAC, in discharging duties, as per the Tamil Nadu Transparency in Tenders Rules, 2000, and in these circumstances, the petitioner has come forward with the present Writ Petition for the reliefs stated supra. 3. Considering the limited relief, Mr.M.Muniasamy, learned Standing Counsel appearing for the TASMAC was put on notice. He denied the allegations levelled against the District Manager, Tamil Nadu State Marketing Corporation Limited, Pudukottai District, the second respondent herein. However, he submitted that the tender schedule and application form would be issued, on receipt of necessary application along with the https://hcservices.ecourts.gov.in/hcservices/ 2 prescribed fee. The submission of the learned Standing Counsel is placed on record. 4. In view of the above, a direction is issued to the District Manager, TASMAC, Tamil Nadu State Marketing Corporation Limited, Pudukottai District, the second respondent herein, to issue the tender schedule and application form to the petitioner, in respect of Shop Nos.6652 & 6654 respectively, Pudukottai District, on receipt of necessary application form and the required fee, by way of Demand Draft. The petitioner is directed to submit necessary application form with fee, as stated supra. Mr.M.Muniasamy, learned Standing Counsel appearing for the TASMAC also submitted that he will communicate this order to the respondents forthwith, so as to enable the respondents to comply with the directions issued by this Court. It was also submitted that despite production of copies of the orders made in the writ petitions, tender schedule forms were refused on the ground that the District Manager, TASMAC, has not received any copy from the Registry. It is made clear that since orders are passed in the presence of the learned counsel appearing for TASMAC, it is his responsibility to communicate the order for compliance. It is not open to the District Manager, TASMAC, to refuse issuance of tender schedule an application form on the ground that he has not received any copy from the Registry or from his counsel. 5. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Senior Regional Manager, Tamil Nadu State Marketing Corporation(TASMAC) Limited., Trichy. 2.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Limited., Pudukottai District. +2CC TO M/S.D.VENKATESH, ADVOCATE, SR.29315, 29316 MPK SR : 26.08.2011 : 2p/5c ORDER MADE IN W.P.(MD).Nos.9734 & 9735 of 2011 26.08.2011 https://hcservices.ecourts.gov.in/hcservices/