1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).Nos.8267 to 8273 of 2011 and M.P.(MD)Nos.1,1,1,1,1,1,1,2,2,2,2,2,2 and 2 of 2011 R.Deivanai : Petitioner in WP.No.8267/11 S.Baskaran : Petitioner in WP.No.8268/11 S.N.Palaniappan : Petitioner in WP.No.8269/11 S.P.Ganeshan : Petitioner in WP.No.8270/11 M.Senthilvel : Petitioner in WP.No.8271/11 M.Ganeshan : Petitioner in WP.No.8272/11 K.R.Sivaprakasam : Petitioner in WP.No.8273/11 Vs. The District Manager, TASMAC.Sivagangai. : Respondent in all WPs. COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondent herein to issue the tender schedule for shop Nos.7508, 7510, 7506, 7615, 7503, 7647 and 7660 at Devakottai, Sivagangai District and Aranmanai Siruvayal, Karaikudi,Sivagangai District, SR Pattinam, Sivagangai District respectively tender notification No.Na.Ka.No.CV.B/900/2011, dated 08.07.2011 forthwith and further, directing the respondent to publish the minimum upset price in respect of TASMAC Shop Nos.7508, 7510, 7506, 7615, 7503, 7647 and 7660 in Sivagangai District. For Petitioners : Mr.J.Anand Kumar For Respondent : Mr.S.Chandrasekar For Mr.K.Mahendran Standing Counsel COMMON ORDER Pleadings disclose that the tender for issuance of licence for the bars attached to TASMAC Shop Nos.7508, 7510, 7506, 7615, 7503, 7647 and 7660 in Sivagangai District has been notified on 08.07.2011. The last date for issuance of tender forms is 26.07.2011, by 05.00 p.m. The last date for submission of the completed tender forms is 27.07.2011, before 03.00 p.m. The date of opening of the tender forms is 27.07.2011, from 04.00 p.m., onwards. In all these Writ Petitions, it is the grievance of the petitioners that though they tendered necessary application forms dated 20.07.2011 along with demand draft for Rs.520/- for getting the tender schedule, the District Manager, TASMAC, Sivagangai, the respondent herein has refused to issue the tender forms. It is the further submission of the learned counsel for the petitioners that in order to grant licence to few persons of his choice, others are not even permitted to take part in the tender process by denying even the tender schedule. In the above said circumstances, the petitioners have approached this Court for a Mandamus, directing the respondent to issue tender schedule for Shop Nos.7508, 7510, 7506, 7615, 7503, 7647 and 7660 at Devakottai in Sivagangai District, as per the tender notification dated 08.07.2011 forthwith and also prayed for a direction to the respondent to publish the minimum upset price in respect of the above said shops in Sivagangai. https://hcservices.ecourts.gov.in/hcservices/ 2 2. When the Writ Petitions came up for admission, on instructions from the respondent, Mr.S.Chandrasekar, learned counsel for the TASMAC, submitted that pursuant to the tender notification dated 08.07.2011, necessary fee for issuance of tender schedule has been enhanced to Rs.525/- from Rs.520/- and in such circumstances, the tender forms were not issued to the petitioners. He further submitted that there is no mala fide intention in not issuing the tender forms, as alleged. He also submitted that if the petitioners remit a sum of Rs.525/- by way of demand draft and submit necessary applications to the respondent, the District Manager, TASMAC, Sivagangai District, the respondent herein would issue the tender forms. The submission of the learned Counsel is placed on record. 3. In view of the above said submission made by the learned counsel for the TASMAC and the willingness of the petitioners to pay the required fee for obtaining the tender forms for the bars attached to Shop Nos.7508, 7510, 7506, 7615, 7503, 7647 and 7660, a direction is issued to the petitioners to remit the prescribed fee by way of demand draft and submit necessary applications to the respondent and on receipt of Rs.525/- by way of demand draft along with the necessary applications, the District Manager, TASMAC, Sivagangai District, the respondent herein is directed to issue the tender forms to the petitioners forthwith. 4. As regards the prayer for fixation of upset price, the same has been considered by this Court in W.P.(MD)Nos.8248 to 8250 of 2011 dated 22.07.2011 and the order passed thereon is extracted hereunder: "8. The contention of the learned Special Government Pleader that there is no question of fixation of upset price, in the matter of grant of licence to a bar attached to TASMAC Shop, is placed on record. In such view of the matter, the contention of the petitioners is rejected. The learned Special Government Pleader also fairly submitted that the decision of this Court, made in these Writ Petitions would be communicated forthwith to issue necessary tender forms, for the bars attached to TASMAC Shop Nos.7512, 7675 and 7547, Manamadurai Taluk, Sivagangai District, to the petitioners on receipt of necessary fee is also placed on record." 5. With the above directions, the Writ Petitions are disposed of. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To The District Manager,TASMAC,Sivagangai. +7ccs to Mr.J.Anand Kumar, Advocate SR.No.24356 COMMON ORDER MADE IN SML W.P.(MD).Nos.8267 to 8273 of 2011 Dated:- 25.07.2011 PA/25.07.2011/2P/9C https://hcservices.ecourts.gov.in/hcservices/