1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13094 of 2011 and M.P.(MD)No.1 of 2011 R.Ingersal : Petitioner Vs. The District Manager, Tamil Nadu State Marketing Corporation Ltd., Sipcot, Nagercoil-4, Kanyakumari District. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to issue tender document in respect of the tender notification No.045/B/11, dated 04.11.2011 published in Dinathanthi Tamil newspaper on 09.11.2011 to the petitioner and to receive the same enabling him to participate in the tender process for getting license to run the bar attached to TASMAC shop No.4735 at No.13, Premier Studio Street, Meenakshipuram, Nagercoil- 4, Kanyakumari District. For Petitioner : M/s.M.P.Senthil For Respondents : Mr.S.Muniasamy, Standing Counsel ORDER This Writ Petition has been filed by R.Ingersal seeking for the issuance of a Writ of Mandamus directing the respondent to issue tender document in respect of the tender notification No.045/B/11, dated 04.11.2011 published in Dinathanthi Tamil newspaper on 09.11.2011 to the petitioner and to receive the same enabling him to participate in the tender process for getting license to run the bar attached to TASMAC shop No.4735 at No.13, Premier Studio Street, Meenakshipuram, Nagercoil-4, Kanyakumari District. 2. Heard Mr.M.P.Senthil, the learned Counsel for the petitioner. Mr.S.Muniasamy, the learned Standing Counsel takes notice for the respondent. 3. By consent of both parties, this writ petition itself is taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that the petitioner is a physically disabled person having 45% permanent disability. However, he has been running hotel business in Premier Studio Street, Meenakshipuram, Nagercoil and he was issued with licence for various periods from 2004 to 2010 for running bar attached with TASMAC shop No.4735 situated at No.13, Premier Studio Street, Meenakshipuram, Nagercoil. After some time, due to renovation work carried out in the Nagercoil Anna Town bus stand, the bar was temporarily closed from the month of October, 2010 since the said TASMAC shop was located nearer to the said bus stand. After reopening the bus https://hcservices.ecourts.gov.in/hcservices/ 2 stand in the month of September 2011, the petitioner was expecting that the respondent would call for fresh tenders to run the bar attached to the said shop No.4735. As there was no tender, the petitioner approached the respondent seeking for tender document along with Demand Draft for a sum of Rs.525/-. But the respondent replied that they would publish the tender particulars for the entire district by way of newspaper advertisement. But, after sometime, the respondent did not call for any tender contrary to the promise made by them. But, on 09.11.2011, the tender notification published in the Daily Thanthi calling for tenders in respect of issuing licence for running 146 bars attached to the TASMAC shop for the entire Kanyakumari District and it has been mentioned in the said advertisement that tender document will be issued till 24.11.2011. Immediately on the very same day, the petitioner approached the respondent seeking for tender document but no one was there to issue the tender document. Once again after two days the petitioner approached the respondent office, again there was no positive response from the respondents office. As the respondent has been dodging the petitioner from 11.11.2011 to till date without issuing the tender documents, the petitioner has submitted his representation on 14.11.2011 followed by another representation dated 15.11.2011 by way of registered post with acknowledgment due. Even thereafter, there was no response from the respondent. Hence, the petitioner has come to this Court with the above prayer. 5. Though notice was taken by the learned Standing Counsel for the respondent, he has submitted that as the petitioner has made a limited request to consider his representations dated 14.11.2011 and 15.11.2011, the respondent will consider and pass orders on the same. 6. Considering the limited request made by the petitioner that his representations dated 14.11.2011 and 15.11.2011 may be considered and pass orders and the representations also shows that the petitioner has been actively taking steps to get the tender documents, this Court directs the respondent to issue tender document in respect of the tender notification No.045/B/11, dated 04.11.2011 published in Dinathanthi Tamil newspaper on 09.11.2011 to the petitioner and to receive the same enabling him to participate in the tender process for getting license to run the bar attached to TASMAC shop No.4735 at No.13, Premier Studio Street, Meenakshipuram, Nagercoil-4, Kanyakumari District, forthwith. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. SD ASST REGISTRAR ( T and P ) /TRUE COPY/ srm SUB ASST REGISTRAR To The District Manager, Tamil Nadu State Marketing Corporation Ltd., Sipcot, Nagercoil-4, Kanyakumari District. DM::2011:NOVEMBER:23:: Order made in W.P.(MD).No.13094 of 2011 Dated:- 17.11.2011 2P:2C:: https://hcservices.ecourts.gov.in/hcservices/