1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.12628 of 2011 and M.P (MD) No.1 of 2011 R.Saravanapandian ... Petitioner Versus 1. The General Manager, Madurai District Co-operative Milk procurement Union Limited, Madurai. 2. The Special Officer cum District Collector, Madurai. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents from accepting the bids or tenders from tenderers on the date of opening of tenders whose vehicles are not insulated with Thermo cool for milk distribution of respondents as per the conditions of tender form issued by the respondents. For Petitioner : Mr.M.R.S.Prabhu For Respondents : Mr.Aayiram K.Selvakumar Government Advocate O R D E R The petitioner has come up with the above Writ Petition seeking a Mandamus, to forbear the respondents from accepting the bids or tenders from tenderers whose vehicles are not insulated with thermo cool for milk distribution. 2. Heard Mr.M.R.S.Prabhu, learned Counsel for the petitioner. Mr.Aayiram K.Selvakumar, learned Government Advocate takes notice for the respondents. 3. The respondents floated a tender on 20.09.2011, for the distribution of milk through insulated vans, from persons qualified as per the tender conditions. Clause 11 of the tender condition stipulates that the tender forms should be given only for persons having thermo cool insulated vehicles. The petitioner has come up with the above Writ Petition, contending that the respondents are not likely to adhere to condition No.11 of the tender document. https://hcservices.ecourts.gov.in/hcservices/ 2 4. A perusal of the affidavit in support of the Writ Petition shows that the petitioner has come up on apprehension. The apprehension of the petitioner is also not based upon any Act of omission or commission on the part of the respondents. The apprehension of the petitioner, as seen from para 10 of the affidavit, is actually based upon the assertion of some aspirants who want to apply for the contract. Therefore, there is actually no cause of action for the petitioner to come to this Court at this stage. 5. To issue the Writ of the nature prayed for, I must first presume that the respondents are going to violate tender condition No.11. I cannot pass an order on the basis of presumptions, not even supported by any statement of the respondents, but supported only by the statements allegedly made by other participants. Therefore, this Writ Petition is dismissed. However, it is open to the petitioner to work out his remedies, if the tender is awarded to a person, who did not satisfy the condition No.11. No costs. Consequently, connected Miscellaneous Petition is closed. ps SD/- ASSISTANT REGISTRAR[RECORDS] /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1. The General Manager, Madurai District Co-operative Milk procurement Union Limited, Madurai. 2. The Special Officer cum District Collector, Madurai. + 1 cc to Mr.V.K.Vijayaragavan, Advocate SR.No.38359. W.P (MD)No.12628 of 2011 Dated:08.11.2011 2P/4C RPB : 08.11.2011 [I.T.] https://hcservices.ecourts.gov.in/hcservices/