1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/8/2011 C O R A M THE HONOURABLE Mr. JUSTICE S.MANIKUMAR Writ Petition (MD)No.9835 to 9839 of 2011 S. Rajkumar ... Petitioner in W.P.(MD) No.9835 of 2011 S.Ravichandran Rao ... Petitioner in W.P.(MD) No.9836 of 2011 V. Govindarasu ... Petitioner in W.P.(MD) No.9837 of 2011 P. Vijayabharathi ... Petitioner in W.P.(MD) No.9838 of 2011 Saravanan ... Petitioner in W.P.(MD) No.9839 of 2011 Vs 1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd, Ponnagar, Trichy. 2. The District Manager, Tamil Nadu State Marketing Corporation Ltd, 50-57 TANSIDCO Complex, Nangikottai Road, Thanjavur 613 006. 3. Mr.R.Gunalen, District Manager, Tamil Nadu State Marketing Corporation Ltd, 50-57 TANSIDCO Complex, Nangikottai Road, Thanjavur 613 006. ... Respondents in all the writ petitions. Prayer: Petitions filed under Article 226 of the Constitution of India praying for the issuance of writs of Mandamus to direct the second respondent to issue and accept the tender schedule for the bar license in respect of the TASMAC shop Nos.7880, 8121, 8126, 7917, 7884, respectively, Thanjavur Town from the petitioners. For Petitioner(s) : No appearance, (Mr.M.Suresh Kumar) but parties-in-person appeared. For Respondents : Mr.M.Muniasamy C O M M O N O R D E R Material on record disclose that on 9/8/2011, the District Manager, TASMAC, Thanjavur District, has issued a Notification, calling for applications grant of licences to the bars attached to IMFL shops in Thanjavur District. As per the tender Notification, the intending bidders, have to pay a sum of Rs.525/- by way of a Demand Draft, drawn in https://hcservices.ecourts.gov.in/hcservices/ 2 favour of the District Manager, TASMAC, Thanjavur District, towards the cost of tender schedule. The tender schedule has to be obtained from 9/8/2011 to 27/8/2011 upto 5.00 p.m., (office days only). The last date of submission of the tender is on 29/8/2011 upto 3.00 p.m. The tender schedules would be opened on 29/8/2011 at 3.30 p.m. As per clause 3 of the tender advertisement, the details of the tender schedule can also be obtained from the website viz., http:/www.tasmac.tn.gov.in. 2. It is the case of the petitioners that though, they had approached the District Manager, TASMAC, second respondent herein, with necessary applications and required fee of Rs.525/- (Rupees five hundred and twenty five only) by way of Demand Draft, the tender schedule forms were not furnished. In this context, they also made a representation to the second respondent on 26/8/2011 in person. According to them, there is a violation of Rule 18 of the Tamil Nadu Transparency in Tenders Rules, 2000, wherein, the tender inviting authority shall ensure that adequate arrangements have to be made, for the proper receipt and safe custody of the tenders at the place indicated for the receipt of tenders. In such circumstances, the petitioners have come forward with the mandamus, directing the District Manager, TASMAC/second respondent herein to issue and accept the tender schedule, in respect of shops in Thanjavur District. 3. A perusal of the advertisement dated 9/8/2011 issued by the District Manager, TASMAC for inviting applications for grant of licences to bars attached to IMFL shops in Thanjavur District, shows that, the period, prescribed for issuance of tender schedule from the District Manager, TASMAC Limited, Thanjavur, is between 9/8/2011 and 27/8/2011 upto 5.00 p.m., (office days) only. Though the petitioners have contended that, despite, their sincere efforts to get the tender schedule forms from the District Manager, TASMAC Limited, Thanjavur, he has deliberately, not issued the tender forms and further contended that the details of the tenders were not available in the website and in such circumstances, they have approached this Court for a mandamus to issue and accept the tender schedules of the bars, this Court is not inclined to advert to the same, for the simple reason that, they have approached this Court, beyond the date prescribed for issuance of the tender schedule. 4. For the reasons stated supra, mandamus cannot be issued to the second respondent, District Manager TASMAC to issue tender schedule, after the period stated supra. 5. In the result, these writ petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd, Ponnagar, Trichy. 2. The District Manager, Tamil Nadu State Marketing Corporation Ltd, 50-57 TANSIDCO Complex, Nangikottai Road, Thanjavur 613 006. 3. Mr.R.Gunalen, District Manager, Tamil Nadu State Marketing Corporation Ltd, 50-57 TANSIDCO Complex, Nangikottai Road, Thanjavur 613 006. Mvs SR : 06.09.2011 : 3p/4c W.P.(MD) Nos.9835 to 9839 of 2011 29/8/2011 https://hcservices.ecourts.gov.in/hcservices/