1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.5076 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 ABG-LDA Bulk Handling Pvt.Ltd, rep.by Mr.Vivek Savant, Authorised representative having its registered office at Ground Floor, Bhupati Chambers, 13,Mathew Road, Mumbai-400 004. ... Petitioner Vs 1.The Board of Trustees of the V.O.Chidambaranar Port Trust, having its office at Administrative Office, Tuticorin-628 004. 2.The Union of India, through the Secretary, Ministry of Shipping, Transport Bhavan,1, Parliament Street, New Delhi-110 001. ... Respondents Writ petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus to direct the respondents to forthwith issue the RFQ documents in favour of the petitioner and consequently allow the petitioner to participate in the tender process for the NCB-III project and give the petitioner a hearing / an opportunity of presenting its case prior to passing any adverse orders against the petitioner. For Petitioner : Mr.C.Selvaraj Senior Advocate for M/s.C.Muthu Saravanan For R.1 : Mr.S.Yaswanth Govt.Advocate For R.2 : No appearance **** https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The petitioner who is aggrieved against the rejection of his request for tender documents has come forward with the present Writ Petition for the issuance of Writ of Mandamus to direct the respondents to forthwith issue the RFQ documents in favour of the petitioner and consequently allow the petitioner to participate in the tender process for the NCB-III project and give the petitioner a hearing / an opportunity of presenting his case prior to passing any adverse orders against him. 2. By consent, the Writ Petition itself is taken up for final disposal. 3. The grievance of the petitioner is that the respondents have stated that as per their policy decision, the existing contractor could not be permitted to participate in the new tender. Aggrieved over the same, this Writ Petition has been filed. 4. At the time of admission, Mr.S.Yaswanth took notice for the first respondent opposed the present Writ Petition. 5. At this point of time, Mr.C.Selvaraj, learned Senior Counsel appearing for the petitioner submits that as against the rejection of their right to participate itself, the petitioner has made a representation / appeal to the Ministry of Shipping / the second respondent herein on 26.04.2011. Since the said representation / appeal is pending with the second respondent, he now restricts his prayer for a direction to consider the said representation / appeal within a time frame to be fixed by this Court, after giving sufficient opportunity to him to put forward his case and also seeks for a personal hearing. 6. The learned counsel appearing for the first respondent has also no objection for consideration of the appeal / representation by the second respondent . 7. Taking into consideration the limited request made by the learned Senior Counsel, as the representation / appeal is pending with the second respondent, the second respondent is directed to consider the said representation / appeal filed by the petitioner dated 26.04.2011 within a period of ten weeks from the date of receipt of a copy of this order after giving sufficient opportunity including a personal hearing, if need be and pass appropriate orders on merits and in accordance with law. In the result, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petitions are also closed. No costs. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Board of Trustees of the V.O.Chidambaranar Port Trust, Administrative Office, Tuticorin-628 004. 2.The Secretary,Union of India, Ministry of Shipping, Transport Bhavan,1, Parliament Street, New Delhi-110 001. +1 CC TO MR. C. MUTHU SARAVANAN, ADVOCATE S.R NO. 15699 W.P.(MD).No.5076 of 2011 28.04.2011 ssm PAM 29.04.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/