1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10982 of 2011 P.Pothiraj : Petitioner Vs. 1.The District Collector, Madurai District, Madurai-20. 2.The Senior Regional Manager, TASMAC, 100, Anna Nagar, Madurai-20. 3.The District Manager, TASMAC, Madurai District, Near – Kalugarkadai Vilakku, Manalur-630 611, Sivagangai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.08.2011. For Petitioner : Mr.S.Kanagarajan ORDER According to the petitioner, pursuant to an advertisement published in Daily Thanthi on 10.08.2011, for grant of licence to a bar attached to IMFL Shop, the petitioner made a representation dated 16.08.2011 along with demand draft for Rs.520/- for issuance of tender schedule. Though the said representation was acknowledged on 17.08.2011 by the District Manager, TASMAC, Sivagangai District, the tender schedule was not furnished. He has also approached the Senior Regional Manager, TASMAC, Madurai, the second respondent herein, in person, but, the tender schedule was not furnished. Thus, he has been prevented from even submitting his tender schedule and that the opportunity to participate in the tender process has been denied. According to him, the highest bidder for the bar attached to IMFL shop No.5325, TPK Main Road, Pykara, Madurai has offered only Rs.75,000/-, whereas, the petitioner is ready to pay a sum of Rs.1,04,000/- as monthly licence fee, for grant of licence to the bar. Quoting the above said sum, the petitioner made a representation dated 26.08.2011 to the respondents. Though the said representation has been acknowledged by the District Manager, TASMAC, Sivagangai https://hcservices.ecourts.gov.in/hcservices/ 2 District, there is no response and hence, the present Writ Petition is filed for a direction to consider the representation stated supra. 2. Heard the learned counsel for the petitioner and perused the materials available on record. 3. Though the petitioner has submitted that there was a denial on the part of the District Manager, TASMAC, Sivagangai District, in furnishing the tender schedule, despite his oral and written requisition dated 16.08.2011, as per the averments, the last date for submission of the tender schedule and opening of the same is 29.08.2011. Even assuming that there was a failure on the part of the respondents in furnishing the tender schedule, as requested, the petitioner could have very well approached this Court and obtained an order, like the similarly situated persons. Now that the tender has already been opened, as scheduled and as per the averments, the highest bidder has offered Rs.75,000/- for the bar attached to IMFL Shop No.5325, TPK Main Road, Pykara, Madurai, the representation of the petitioner said to have been made on 26.08.2011, without submitting the duly filled tender schedule, along with the documents required, for grant of bar licence to IMFL shop, cannot be considered, as per the provisions of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. Once schedule forms submitted by the bidders have been opened, no representation, offering a higher amount, can be accepted, as it would be amounting to violation of the Tamil Nadu Transparency in Tenders Rules, 2000. Such representation cannot be acted upon and that therefore, Mandamus sought for cannot be granted. Hence, the Writ Petition stands dismissed. No costs. ` Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1.The District Collector, Madurai District, Madurai-20. 2.The Senior Regional Manager, TASMAC, 100, Anna Nagar, Madurai-20. 3.The District Manager, TASMAC, Madurai District, Near – Kalugarkadai Vilakku, Manalur-630 611, Sivagangai District. Order made in W.P.(MD).No.10982 of 2011 26.09.2011 SML NSV/27.9.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/