1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/09/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.10298 of 2011 S.Irudayaraj S/o.Soosai ... Petitioner Vs. 1.The District Collector Thanjavur District. 2.The District Manager (TASMAC) Tamil Nadu State Marketing Corporation Limited, Thanjavur District, Thanjavur. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to consider the petitioner's representation dated 29.08.2011 through fax and consequently directing the respondents to conduct re-tender in Na.Ka.No.14/2010/RV-7 dated 09.08.2011 in respect of Shop No.8076 at Mudalseri Village, Pattukottai Taluk, Thanjavur District and to issue the tender application to the petitioner. For petitioner ... Mr.R.Boomirajan For respondents ... Mr.M.Muniasamy O R D E R Contending inter-alia that though the petitioner has approached the District Manager, TASMAC, Thanjavur District, Thanjavur, on 10.08.2011 and on subsequent dates, for issuance of tender schedule, to participate in the tender for grant of licence to IMFL bar, attached to TASMAC Shop No.8076, Mudalseri Village, Pattukottai Taluk, Thanjavur District, and the said respondent has refused to issue the tender schedule Form and that being aggrieved by the same, the petitioner has made a representation, dated 29.08.2011, to the respondents seeking for re-tender and finding no response, the petitioner has come forward with this writ petition for a mandamus directing the respondents to consider his representation, dated 29.08.2011 sent through fax and consequently prayed for a direction to conduct re-tender in respect of IMFL Shop No.8076, Mudalseri Village, Pattukottai Taluk, Thanjavur District. He has also prayed for a direction to issue a tender schedule. 2. When the matter came up for hearing in the forenoon, https://hcservices.ecourts.gov.in/hcservices/ 2 learned counsel for the second respondent was directed to get instructions as to whether licence has been issued, to any bidder, for the bar attached to IMFL Shop No.8076, Mudalseri Village, Pattukottai Taluk, Thanjavur District. In the afternoon, when the matter is called, Mr.Muniasamy, learned counsel for the second respondent Corporation submitted that the tender schedule would be issued to the writ petitioner, on receipt of a demand draft for a sum of Rs.525/- along with the necessary application. He further submitted that insofar as IMFL Shop No.8076 Mudalseri Village, Pattukottai Taluk, Thanjavur District, is concerned re-tender and opening of tender schedule is fixed at 5.00 p.m. on 13.09.2011. He has further represented that on receipt of the copy of the writ petition, instructions have been given to the District Manager, Thanjavur District, to receive the application Form, along with the demand draft for issuance of tender schedule, to the petitioner. His submission is placed on record. 3. Heard learned counsel for the parties and perused the materials available on record. 4. Pleadings and material on record disclose that the petitioner has taken a demand draft for a sum of Rs.525/- vide No.31594, dated 10.08.2011. He has also obtained a no objection certificate, dated 22.08.2011, from one Mr.Edwin Lourdhu Arockiaraj, who is a resident of Mudalseri Village, Pattukottai Taluk, Thanjavur District, for running a bar attached to IMFL Shop No.8076 Mudalseri Village, Pattukottai Taluk, Thanjavur District, for the period between 01.09.2011 to 30.09.2012. The grievance of the petitioner is that he was not issued with a tender schedule, despite a request, the demand draft and that there was a violation of Rule 16 of the Tamil Nadu Transparency in Tender Rules 2000 (hereinafter referred to as 'the Rules') that the tender inviting authority shall make available the tender documents from the date of publication of the tender. The tender inviting authority shall ensure that the tender documents are made available to any person who is willing to remit the cost of such documents. In the abovesaid circumstances, the petitioner has submitted a representation, dated 29.08.2011 through fax and finding no response, he has filed the present writ petition. 5. Inasmuch as learned counsel for the second respondent Corporation has fairly submitted that the tender schedule would be issued to the writ petitioner, a direction is issued to the District Manager, Tamil Nadu State Marketing Corporation Limited, Thanjavur District, to issue a tender schedule for grant of licence to the bar, attached to IMFL Shop no.8076, Mudalseri Village, Pattukottai Taluk, Thanjavur District, on receipt of the demand draft with necessary application Form. 6. As per Rule 18 of the Rules, (i) the tender inviting authority shall ensure that adequate arrangements are made for the proper receipt and safe custody of the tenders at the place indicated for the receipt of tenders. https://hcservices.ecourts.gov.in/hcservices/ 3 (ii) the tender inviting authority shall take all measures to ensure that no intending tenderer is hindered in submitting his tender. (iii) the tender inviting authority shall permit the submission of tenders by post or courier provided that the tender inviting authority shall not be responsible for any delay in transit in such cases. 7. As per Rule 21 of the Rules, the time specified for the opening of tenders shall be immediately after the closing time specified for the receipt of tenders allowing a reasonable period, not exceeding one hour, for the transportation of the tenders received to the place they are to be opened in the presence of the tenderers who choose to be present and the tenders will be opened in the presence of the tenderers or one representative of the tenderer who chooses to be present. 8. In the case on hand, both receiving as well as opening of the tender schedule are, at the same place, namely, the office of the District Manager, Thanjavur District. Complaining non issuance of tender schedule and prevention by the police to enter the premises at the time of opening of the same, this Court had received many writ petitions. Considering the number of bidders or the representative expected to be present, at the time of opening of the tender i.e. at 5.00 p.m. on 13.09.2011, the petitioner is directed to submit his tender schedule well in advance to avoid any complaint. The District Manager, Thanjavur District, the second respondent herein is alsodirected to receive the same and proceed in accordance with the Rules. In the light of the above, no mandamus need to be issued. The writ petition is disposed of with the above direction. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Thanjavur District. 2. The District Manager (TASMAC) Tamil Nadu State Marketing Corporation Limited, Thanjavur District, Thanjavur. +1 CC to Mr.R.Boomi Rajan, Advocate (SR.No.30988) Writ Petition (MD) No.10298 of 2011 and M.P.(MD) No.1 of 2011 12.09.2011 RR NSV/12.9.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/