1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/07/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)Nos.8248 to 8250 of 2011 K.Rajamoorthy ...Petitioner in W.P.No.8248/11 P.Nagappan ...Petitioner in W.P.No.8249/11 K.Sundaramoorthy ...Petitioner in W.P.No.8250/11 Vs Tahsildar/Assistant Manager (C.V) cum The District Manager (in-charge) Tamil Nadu State Marketing Corporation Limited Thondi Road Palamalai Nagar, Pyoor, Sivagangai, Sivagangai District. ... Respondents in all WP's Common Prayer:Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writs of Mandamus to direct the respondent to issue tender Form to the petitioners to enable the petitioners to participate in the tender process pursuant to the tender notice issued by the respondent in his proceedings Na.Ka.No.CV.P/900/2011 dated 08.07.2011 and further directing the respondent to publish the minimum upset price in respect of TASMAC Shops in Sivagangai District. For petitioners ...Mr.B.Saravanan For respondents...Mr.K.Mahendran Spl. Government Pleader O R D E R Alleging that though the petitioners have tendered a demand draft for Rs.520/- to obtain tender schedule Form, pursuant to a tender notice, dated 08.07.2011, for getting licence to the bars to TASMAC shop Nos.7512, 7675 and 7547, Manamadurai Taluk, Sivagangai District, the Tahsildar/Assistant Manager (C.V) cum The District Manager, (in-charge), Tamil Nadu State Marketing Corporation Limited, has refused to entertain and issue the tender Forms and therefore, the petitioners have come up with the present writ petitions for a Mandamus. 2. The petitioners submitted that though covering letters dated 18.07.2011 along with demand drafts for a sum of Rs.520/- dated 11.07.2011 were submitted, there was no response and that the tender Forms are also not available in the Government Website. In addition to the above, it is the grievance of the petitioners that the respondent has https://hcservices.ecourts.gov.in/hcservices/ 2 not notified the minimum upset price, in respect of the shops notified in the tender notification and that it would not be possible for the writ petitioners to quote the maximum price. On this ground also, they sought for a mandamus. 3. Mr.K.Mahendran, learned Special Government Pleader and counsel for TASMAC submitted that after the issuance of the tender notification, the prescribed fee to obtain the tender Forms, has been enhanced to Rs.525/-. He further submitted that if the petitioners tender a demand draft for Rs.525/- with necessary application Forms, the tender Forms would be issued, in respect of the bars attached to the TASMAC Shop Nos.7512, 7675 and 7547, Manamadurai Taluk, Sivagangai District. 4. Insofar as the fixation of minimum upset price, the learned counsel for TASMAC submitted that there is no question of fixing an upset price and those who offer the maximum price, to run the bar attached to the above said shops, they would be granted necessary licences subject to the compliance of the tender conditions and the rules. The submission of the learned Special Government Pleader is placed on record. 5. Heard the learned counsel on either side and perused the materials available on record. 6. In view of the statement of the learned counsel for TASMAC and the willingness of the petitioners to pay the required fee for obtaining the tender Forms for bars attached to TASMAC Nos.7512, 7675 and 7547, Manamadurai Taluk, Sivagangai District, a direction is issued to the petitioners to remit the prescribed fee by way of Demand Draft and submit necessary application to the respondent, and on receipt of Rs.525/- by way of demand draft along with necessary applications, the Tahsildar/Assistant Manager (C.V) cum The District Manager, (in-charge), Tamil Nadu State Marketing Corporation Limited, is directed to issue the tender Forms forthwith. 7. Though, the learned counsel for the petitioners has submitted that on 18.07.2011, along with covering letters, demand drafts for Rs.520/-, dated 11.07.2011 were already sent, there is no proof of acknowledgment. It is made clear that the respondent would not unnecessarily delay in issuance of tender Forms, considering the submission that the tender application is available in the Government Website. 8. The contention of the learned Special Government Pleader that there is no question of fixation of upset price, in the matter of grant of licence to a bars attached to TASMAC Shop, is placed on record. In such view of the matter, the contention of the petitioners is rejected. The learned Special Government Pleader also fairly submitted that the decision of this Court, made in this writ petitions would be communicated forthwith to issue necessary tender Forms, for the bars attached to TASMAC shop Nos.7512, 7675 and 7547, Manamadurai Taluk, Sivagangai District, to the petitioners on receipt of necessary fee, is also placed on record. https://hcservices.ecourts.gov.in/hcservices/ 3 With the above directions, these writ petitions are disposed of. No costs. Consequently connected miscellaneous petitions are closed. RR Sd/- Assistant Registrar[Records] /True copy/ Sub Assistant Registrar To Tahsildar/Assistant Manager (C.V) cum The District Manager (in-charge) Tamil Nadu State Marketing Corporation Limited Thondi Road, Palamalai Nagar, Pyoor, Sivagangai, Sivagangai District. +3 cc to Mr.B.Saravanan, Advocate SR.No.24180. Writ Petition Nos.8248, 8249 and 8250 of 2011 and M.P.Nos.1,1 and 1 of 2011 Dated:22/07/2011 3P/5C RPB 22.07.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/