1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/8/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(Md).No.9429 of 2011 Suresh : Petitioner Vs. The District Manager Office of the District Manager Tamil Nadu State Marketing Corporation Ltd TASMAC Ramanathapuram District. : Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Manadamus directing the respondent to issue the tender application form to the petitioner for the Shop Nos.6804, 6810 by receiving the tender application cost and enable the petitioner to participate in the tender notified by the respondent in Dinamalar Daily Publication dated 9/8/2011. For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.M.Muniasamy O R D E R It is the contention of the petitioner that, the petitioner has been running a bar attached to the TASMAC shop for a long time and obtained necessary rental agreement from the owner. Paper publication has been issued inviting tenders for grant of licence to run the bars from 2011- 2012. Notification has been published on 09.08.2011. The last date for receipt of the tender schedule is 29.08.2011. 2.It is the grievance of the petitioner that though the demand draft for value of Rs.525/- along with necessary application was submitted, for the reasons best known, the District Manager, TASMAC Limited has refused to issue the tender schedule. According to the petitioner, as per Rule 16 of TamilNadu Transparency in Tenders Rules 2000, the respondent should make a tender document available on receipt of the cost of the document. There is a failure to discharge the duty of the abovesaid rule. Therefore, mandamus is sought for directing the respondent to issue tender schedule to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 3.When the matter came up for admission, the learned counsel for TASMAC, who took notice, has disputed the contention that the demand draft along with necessary application for issuance of tender schedule were submitted. Therefore, he submitted that there is no corresponding duty on the District Manager to issue the tender schedule. Therefore he prayed for dismissal of the writ petition. 4.Heard the learned counsel for the parties and perused material on record. 5.As per the tender notification dated 09.08.2011, published in Dhinathanthi daily newspaper, the last date for issuance of tender schedule is 27.08.2011. Though the petitioner has contended that, he has made a request to the District Manager, TASMAC Limited, Ramanathapuram District for issuance of tender schedule, I find neither a copy of the application nor the demand draft is enclosed in the typed set of papers. 6.In view of the above facts and circumstances, the petitioner is permitted to make a request in writing to the respondent along with the demand draft drawn in his favour, within two days from the date of receipt of a copy of this order and if such request is made, the District Manager, TASMAC Limited, Ramanathapuram District shall issue necessary tender schedule to the petitioner forthwith, so as to enable him to participate in the tender. 7. In the result, the writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To The District Manager Office of the District Manager Tamil Nadu State Marketing Corporation Ltd TASMAC Ramanathapuram District. W.P.(MD)No.9429 of 2011 MVS SMA/23.8.2011/2C/2P 22/8/2011 https://hcservices.ecourts.gov.in/hcservices/