1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).Nos.9726 & 9727 of 2011 and M.P.(MD)Nos.1 & 1 of 2011 J.Sathiya Seelan : Petitioner in WP.9726/11 V.Kannan : Petitioner in WP.9727/11 Vs. 1.The District Collector, Madurai District, Madurai. 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Office of the Senior Regional Manager, Madurai. 3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Collectorate Campus, Madurai, Madurai District. : Respondent in both WPs. PRAYER IN BOTH WPs.: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the 3rd respondent District Manager to issue forthwith the tender form to the petitioners as per the Advertisement in Na.Ka.No.1571/2011/E, dated Nil.07.2011 by receiving the Demand Draft for a sum of Rs.525/- from the petitioner. For Petitioners : Mr.E.V.N.Siva For Respondents : Mr.M.Muniasamy Standing Counsel COMMON ORDER The petitioners have sought for a Mandamus, directing the 3rd respondent District Manager to issue forthwith the tender form to the petitioners, as per the Advertisement in Na.Ka.No.1571/2011/E, dated Nil.07.2011 by receiving the Demand Draft for a sum of Rs.525/- from the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 2 2. It is the case of the petitioners that pursuant to a notification dated 10.08.2011, they approached the 3rd respondent for issuance of tender schedule and application forms along with the prescribed demand draft. The request of the petitioners has not been considered so far and, hence, they have sent a representation dated 24.08.2011 to the 3rd respondent to issue tender form. Contending inter alia that there is a failure on the part of the District Manager, TASMAC, in discharging duties, as per the Tamil Nadu Transparency in Tenders Rules, 2000, and in these circumstances, the petitioners have come forward with the present Writ Petitions for the reliefs stated supra. 3. Considering the limited relief, Mr.M.Muniasamy, learned Standing Counsel appearing for the TASMAC was put on notice. He denied the allegations levelled against the District Manager, Tamil Nadu State Marketing Corporation Limited, Madurai District, the 3rd respondent herein. However, he submitted that the tender schedule and application form would be issued, on receipt of necessary application along with the prescribed fee. The submission of the learned Standing Counsel is placed on record. 4. In view of the above, a direction is issued to the District Manager, TASMAC, Tamil Nadu State Marketing Corporation Limited, Madurai District, the 3rd respondent herein, to issue the tender schedule and application form to the petitioners in respect of shop No.5177 in Madurai District, on receipt of necessary application forms and the required fee, by way of Demand Draft. The petitioners are directed to submit necessary application form with fee, as stated supra. Mr.M.Muniasamy, learned Standing Counsel appearing for the TASMAC also submitted that he will communicate this order to the respondents forthwith, so as to enable the respondents to comply with the directions issued by this Court. It was also submitted that despite production of copies of the orders made in the writ petitions, tender schedule forms were refused on the ground that the District Manager, TASMAC, has not received any copy from the Registry. It is made clear that since orders are passed in the presence of the learned counsel appearing for TASMAC, it is his https://hcservices.ecourts.gov.in/hcservices/ 3 responsibility to communicate the order for compliance. It is not open to the District Manager, TASMAC, to refuse issuance of tender schedule an application form on the ground that he has not received any copy from the Registry or from his counsel. 5. The Writ Petitions stand ordered accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai. 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Office of the Senior Regional Manager, Madurai. 3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Collectorate Campus, Madurai, Madurai District. +1cc to Mr.S.V.N.Siva, Advocate Sr.No.29072 & 29073 MPK akm/25.08.11 /3p-5c/ ORDER MADE IN W.P.(MD).Nos.9726 & 9727 of 2011 25.08.2011 https://hcservices.ecourts.gov.in/hcservices/