1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2011 CORAM THE HONOURABLE MR. JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.11637 of 2011 and M.P.(MD) Nos.1, 2 and 3 of 2011 K.Ravi Kumar : Petitioner Vs. 1.The Tamil Nadu Newsprint and Papers Ltd., Kagithapuram 639 136, Karur District, Represented by its Managing Director. 2.The Assistant General Manager (Technical Outsourcing), The Tamil Nadu Newsprint and Papers Ltd., Kagithapuram 639 136, Karur District. : Respondents Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the Tender Notification bearing Tender No.TOS:ENQ: 20113000247 dated 28.4.2011 of the second respondent herein and quash the same and direct the second respondent herein to forthwith process the tenders received under Tender Notification bearing Tender No.TOS:ENQ: 20113000228 dated 10.8.2011 in respect of the work of Finishing, Bundling and Reaming of Paper Sheets from Cutters for a period of 6 months from the date of award of contract. For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel for Mrs.AL.Ganthimathi For Respondents : Mr.K.Srinivasan, Senior Counsel for Mr.M.P.Senthil O R D E R The petitioner has come up with the above writ petition, challenging a second Tender Notification issued by the respondents, for finishing, bundling and reaming of paper sheets from cutters. 2. Heard Mr.AR.L.Sundaresan, learned Senior Counsel for the petitioner and Mr.K.Srinivasan, learned Senior Counsel for respondents 1 and 2. 3. The grievance of the petitioner in the above writ petition is two fold viz.,(i) that without cancelling the earlier Tender Notification dated 10.8.2011, a fresh Tender Notification was issued on 24.8.2011 for no rhyme or reason; and (ii) that while the tender https://hcservices.ecourts.gov.in/hcservices/ 2 is for finishing, bundling and reaming of paper sheets from cutters, the qualification prescribed in the impugned Tender Notification is that the tenderers should have experience in checking, sorting, counting, folding etc., of paper sheets/garments/ textiles. The impugned Tender Notification was in deviation of the earlier Tender Notification in the sense that it sought to recognise the experience of counting, folding etc., even in garments and textiles. 4. On 12.10.2011, while ordering notice to the respondents, I directed the respondents to put on hold the decision till 19.10.2011. Today, the respondents have filed a counter as well as a set of papers, taking a specific contention that the petitioner has no locus standi to challenge the second Tender Notification. This is on the basis that the petitioner neither applied in response to the first Tender Notification nor applied in response to the impugned Notification. Therefore, according to the respondents, a person who did not even participate in the first Tender, cannot be taken to be aggrieved by the second Tender. 5. To this specific contention, there is no concrete answer supported by any evidence by the petitioner. Though the learned Senior Counsel for the petitioner submitted that the petitioner participated in the first Tender, it is stated by the respondents in the counter affidavit very specifically that the petitioner did not even participate in the first Tender. A person who did not participate in the first Tender is actually benefitted by a second Tender, since he would have got a chance to participate. Such a person cannot challenge a Tender Notification. In the absence of any proof to show his participation in the first Tender, he is not entitled to challenge the impugned Tender Notification. Therefore, this writ petition is dismissed. No costs. Consequently connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, The Tamil Nadu Newsprint and Papers Ltd., Kagithapuram 639 136, Karur District, 2.The Assistant General Manager (Technical Outsourcing), The Tamil Nadu Newsprint and Papers Ltd., Kagithapuram 639 136, Karur District. +1 CC to M/s.AL.Ganthimathi, Advocate (SR.No.36218) W.P(MD) No.11637/2011 19.10.2011 Svn NSV/8.11.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/