1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-12-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.13338 of 2011 and M.P(MD)Nos.1&2 of 2011 N.Saravanan .. Petitioner vs. 1.The Managing Director, Tamilnadu Civil Supplies Corporation, 12, Thambusamy Road, Kilpauk, Chennai – 600 010. 2.The Regional Manager, Tamilnadu Civil Supplies Corporation, Pudukkottai Regional Office, Pudukkottai. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent vide Na.Ka.No.MT10/40083/2011 DATED 26.09.2011 and quash the same and consequently direct the respondents to permit the petitioner to do the transportation as per the Non-FCI Movement agreement dated 1st July 2011. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.D.Mayarajan O R D E R The petitioner has come up with the above writ petition challenging an order passed by the first respondent reducing the rate of transportation. 2.Heard Mr.D.Shanmugaraja Sethupathi, learned counsel for the petitioner. Mr.D.Mayarajan learned standing counsel for the respondents takes notice. 3.The petitioner has been undertaking transportation of essential commodities from the Food Corporation of India depots to the destination indicated by the Civil Supplies Corporation. The respondents issued a tender for the transportation of essential commodities from FCI depots to the storage points of the Corporation for the period of one year from 01.07.2011 to 30.06.2012. The petitioner was awarded the contract for Non FCI movement for the year 2011-12. The petitioner was the L1 Tenderer. After negotiation the transportation charges was fixed at 22.91% less than the transportation charges for the previous year. Thereafter the petitioner was appointed as a contractor by the proceedings dated 30.06.2011. 4.Subsequently the first respondent issued a direction dated 29.07.2011 to the second respondent to avail the services of the petitioner for transporting paddy to the Hulling Agent and delivering the rice to the Godown. Aggrieved by the said order passed at the https://hcservices.ecourts.gov.in/hcservices/ 2 instance of the Hulling Agent the petitioner filed a writ petition in W.P.No.10436 of 2011. Notice was ordered in the writ petition and Stay was also granted. 5. Subsequently, by the impugned order dated 26.09.2011, the rate of transportation charges has been reduced by the first respondent forcing the petitioner to come up with the above writ petition. 6.But it is seen from the impugned order that the same was passed only after the petitioner gave a letter dated 16.09.2011 agreeing to the revision of the transportation charges. The petitioner cannot thereafter make a grievance out of the impugned order. 7. Today it is contended by the learned counsel for the petitioner that he was under undue influence and coercion to give a letter dated 16.09.2011. But the question as to whether the agreement was broughtforth by coercion and undue influence is something which cannot be determined without evidence. If any one seeks to assail a contract on the ground of coercion or undue influence, it should be only by way of civil Suit. 8. Therefore, the writ petition cannot be entertained. Hence it is dismissed. It will be open to the petitioner either to go to the civil Court or to approach the respondents for another revision. No costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, Tamilnadu Civil Supplies Corporation, 12, Thambusamy Road, Kilpauk, Chennai – 600 010. 2.The Regional Manager, Tamilnadu Civil Supplies Corporation, Pudukkottai Regional Office, Pudukkottai. +1cc to Mr.C.Shanmugaraja Sethupathi Advocate, Sr.No.42597 +1cc to Mr.D.Mayarajan, Advocate, Sr.No.42318 W.P.(MD)No.13338 of 2011 01-12-2011 mpk SMA/13.12.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/