1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)Nos.7473 to 7476 of 2011 And M.P.(MD).Nos.1, 1, 1, 1, 2, 2, 2 & 2 of 2011 1. D.Ramasamy ... Petitioner in W.P.(MD).No.7473/11 2. M.Jesurajan ... Petitioner in W.P.(MD).No.7474/11 3. S.Saravanan ... Petitioner in W.P.(MD).No.7475/11 4. R.Porcheziyan ... Petitioner in W.P.(MD).No.7476/11 Vs. 1. The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC), Munneer Pallam, Tirunelveli. 2. K.Shanmugam, The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC), Munneer Pallam, Tirunelveli. ...Respondents in all W.Ps. PRAYER IN W.P.(MD).No.7473/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the impugned proceeding of the first respondent dated 29.06.2011 and quash the same in so far the TASMAC Shop No. 10806 is concerned and to consequently direct the first respondent to open and consider the tender schedule submitted by the petitioner as per the tender notification dated 18.06.2011. PRAYER IN W.P.No.7474/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the impugned proceeding of the first respondent dated 29.06.2011 and quash the same in so far the TASMAC Shop No. 10917 is concerned and to consequently direct the first respondent to open and consider the tender schedule submitted by the petitioner as per the tender notification dated 18.06.2011. PRAYER IN W.P.No.7475/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the impugned proceeding of the first respondent dated 29.06.2011 and quash the same in so far the TASMAC Shop No. 10741 is concerned and to consequentially direct the first respondent to open and consider the tender schedule submitted by the petitioner as per the tender notification dated 18.06.2011. PRAYER IN W.P.No.7476/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the impugned proceeding of the first respondent dated 29.06.2011 and quash the same in so far the TASMAC Shop No. 10603 is concerned and to consequentially direct the first respondent to open and consider the tender schedule submitted by the petitioner as per the tender notification dated 18.06.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioners in all W.Ps. : Mr.H.Arumugam For Respondents in all W.Ps. : Mr.K.Mahendran SpecialGovernment Pleader COMMON ORDER The impugned proceedings dated 29.06.2011 of the District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Munneer Pallam, Tirunelveli, has been passed on the sole ground “Administrative reasons”. It does not reflect the actual reasons for cancellation of the earlier tender, notified for the TASMAC Bar at Tirunelveli District and for the other bars mentioned in the order. 2. Learned counsel appearing for both the parties submitted that earlier when the abovesaid impugned proceedings was challenged in W.P.Nos.7355 to 7357 of 2011, this Court, by a common order dated 01.07.2011 directed opening of the tender. 3. Mr.K.Mahendran, learned Special Government Pleader appearing for the TASMAC submitted that tender would be opened tomorrow. His submission is placed on record. 4. Without going into the merits of the writ petitions, this Court is of the view that the impugned order has been passed contrary to the decision of the Supreme Court, wherein it is time and again reiterated, that the reasons should be the heart-beat of any administrative decision. As the order does not reflect the same, this Court is inclined to set aside the impugned order, directing re-tender for various TASMAC Shops with attached Bar. The respondents shall open the tender as directed by this Court, as stated supra, as expeditiously as possible, to avoid any delay in processing of the tenders. 5. In the result, the Writ Petitions are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1. The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Munneer Pallam, Tirunelveli. 2. K.Shanmugam, The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC), Munneer Pallam, Tirunelveli. +1CC TO MR.H.ARUMUGAM, ADVOCATE SR.21775 Vsg SR : 06.07.2011 : 2p/4c W.P.(MD)Nos.7473 to 7476 of 2011 06.07.2011 https://hcservices.ecourts.gov.in/hcservices/