1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 1/7/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN W.P.(MD) No.7355, 7356 and 7357 of 2011 R.Ramasamy ...Petitioner in W.P.(MD) No. 7355 of 2011 K. Mariappan ...Petitioner in W.P.(MD) No. 7356 of 2011 S. Arumuga Nainar ...Petitioner in W.P.(MD) No. 7357 of 2011 Vs 1. The District Manager Tamil Nadu State Marketing Corporation Munneer Pallam, Tirunelveli. 2. K. Shanmugam The District Manager Tamil Nadu State Marketing Corporation Munneer Pallam, Tirunelveli. ...Respondents Prayer in W.P.(MD) Nos.7355 and 7356 of 2011:-Petitions filed under Article 226 of the Constitution of India praying for the issuance of Writs of certiorarified mandamus to call for the impugned proceeding of the first respondent dated 29/6/2011 and quash the same in so far the Tasmac Shop Nos.10709, 10818 and 10820 are concerned and to consequentially direct the first respondent to open and consider the tender schedule submitted by the petitioners as per the tender Notification dated 18/6/2011. Prayer in W.P.(MD) No.7357 of 2011:-Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified mandamus to call for the records from the first respondent relating to the impugned order dated 29/6/2011 cancelling the tender for 33 shops so far as Shop No.10605 at Keelapavoor is concerned and to consequentially direct the first respondent to open and consider the tender schedule submitted by the petitioner. For petitioners in W.P.(MD) Nos. 7355 and 7356 of 2011 ... Mr.H.Arumugam in W.P.(MD)No. 7358 of 2011 ... Mr.T.R.Jeyapalam For respondents ... Mr.K.Mahendran, Spl.G.P https://hcservices.ecourts.gov.in/hcservices/ 2 C O M M O N O R D E R Heard the learned counsel appearing for the petitioners and Mr.K.Mahendran, Special Government Pleader for the respondents. 2. By consent, the main writ petitions itself are taken up for final disposal. 3. The petitioners have come up with the present writ petitions, challenging the proceedings of the first respondent dated 29/6/2011, cancelling the tenders, in so far as TASMAC shop Nos. 10709, 10818, 10820, 10605 and consequently direct the first respondent to consider the tender schedule submitted by the petitioners as per the tender Notification dated 18/6/2011. 4. The case of the petitioners are that the respondents called for a tender in respect of a bar attached to the TASMAC shops, in which the petitioners wanted to participate. However, no tender schedules were issued to the petitioners. Hence, they came before this Court seeking for a direction to the respondents for issuance of the tender schedule. 5. By that time, when the matters came, this Court has directed the respondents to furnish tender schedule to the petitioners for the reason that since in view of the time constraint, the petitioners would not have been in a position to participate in the tender. Sensing the said problem, the learned counsel appearing for TASMAC fairly submitted that the tender schedule will be furnished to the petitioners, if they produced with necessary D.D and tender schedules on or before 10 p.m., on 28/6/2011. On such statement made by the learned counsel appearing for TASMAC, this Court directed the respondents to furnish tender schedule to the petitioners and grant time to the petitioners and others, who have approached this Court to submit the tender till 10 p.m., on the said date. 6. It seems that the petitioners and others have obtained the tender schedule and submitted the same in time. However, the tenders were not opened in respect of the persons who have approached this Court. Later, the respondents had passed an order, cancelling the tenders in respect of those who have approached this Court and also pertaining to the shops for which the writ petitions have been filed by them. Challenging the same, the petitioners have approached this Court for the relief set out earlier. 7. It is contended by the learned counsel appearing for the petitioners that cancellation has been made by the respondents only because they have approached this Court and sought an order. However, Mr.K.Mahendran, learned counsel appearing for TASMAC submitted that the reason adduced in the affidavit filed in support of the writ petitions as put forth by the learned counsel appearing for the petitioners is absolutely incorrect. He has contended that the tender schedules were cancelled, since there was an objection by the persons, who have submitted the tenders in time and hence such an action was taken by the first respondent. 8. While considering the submission made by the learned counsel appearing for the petitioners and the learned counsel appearing for TASMAC, I am of the considered view that the concession that has been https://hcservices.ecourts.gov.in/hcservices/ 3 shown on the side of the first respondent was taken note of by this Court and extended the period for submitting the tender schedules. In such circumstances, even if there is an objection for opening the tenders by the persons who have submitted the tenders in time, it should have been dealt with by the first respondent in accordance with law. Citing the same, he cannot cancel the tenders. It is nothing but bye-passing the orders passed by this Court as stated already. Even if there was an objection on the side of the persons who have submitted the tenders in time, the objection should have been met by the first respondent citing the orders passed by this Court. 9. Taking such view, I am inclined to direct the first respondent to open the tender pertaining to the shops in question in the present writ petitions and he is directed to follow the other procedure after opening the tenders. 10. These writ petitions are ordered accordingly. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1. The District Manager, Tamil Nadu State Transport Corporation, Munneerpallam, Tirunelveli District mvs GH : 20.07.2011 : 3p/2c W.P.(MD) No.7355 TO 7357 of 2011 https://hcservices.ecourts.gov.in/hcservices/