1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7625 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 V.Kodiveeranan ... Petitioner -Vs- 1. The District Collector Madurai District, Madurai 2. The Senior Regional Manager TASMAC, Madurai 3. The District Manager TASMAC,Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the third respondent to issue Tender Schedule to the petitioner in Tender Notification in Na.Ka.No.1571/11/E dated .6.2011, pertaining in the TASMAC Shop No. 5499 attached Bar at Valandur, Madurai District. For Petitioner : Mr.Mr.D.Sivaraman for Mr.M.Mohanasundaram For 1st Respondent: Mr.S.Chandrasekaran, Government Advocate For RR 2 & 3 : Mr.K.Mahendran O R D E R The petitioner seeks for a Mandamus directing the District Manager, TASMAC, Madurai, the third respondent herein, to issue Tender Schedule pursuant to the Tender Notification in Na.Ka.No.1571/11/E dated .6.2011, pertaining to a bar attached to TASMAC Shop No. 5499, Valandur, Madurai District. 2. A perusal of the tender notification enclosed at page No.1 of the typed set of paper shows that the application for the tender is in proper form along with prescribed fee has to be tendered, within the stipulated time, failing which, it would be rejected . The Notification further reads that opening of the tender would be done in the office of the District Collector, Madurai, on 07.06.2011 at 11 a.m., in respect of shops located within Madurai Corporation limits and on 28.06.2011, in respect of shops located in Madurai outskist. Though, the petitioner has contended that he has sent a demand draft with a declaration to the third respondent by register post with acknowledgement due, and in such circumstances, the District Manager, TASMAC, Madurai, is bound to issue a tender application so as to enable him to participate in the tender for the bar attached to shop No. 5499, this Court is not inclined to issue a Mandamus, as the date for opening of tender, as per the notification is already over. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In addition to the above, judicial notice can also be taken to the fact that earlier, when tender applications were allegedly not issued to the aspirants, orders have been issued by this Court to issue the applications and that there was also direction in many writ petitions, to open the tender after scrutinizing all the applications. 4. In view of the earlier orders passed in this regard, issuance of Mandamus, at this juncture to the third respondent, to issue a fresh tender form would only upset the earlier orders passed by this Court. If the petitioner had any grievance over the action of the District Manager, TASMAC, Madurai, not issuing an application, he should have approached this Hon'ble Court and obtained a similar order before a direction is issued to open the tender. 5. In view of the above, this Court is not inclined to issue a Mandamus as prayed for. Hence, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are also dismissed. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR vsg To 1. The District Collector Madurai District, Madurai 2. The Senior Regional Manager TASMAC,Madurai 3. The District Manager TASMAC, Madurai DM::2011:JULY::12:: W.P.(MD).No.7625 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 11.07.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/