1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8491 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 S.Vinoth Kumar : Petitioner Vs. 1.The Managing Director, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Chennai. 2.The Senior Regional Manager, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Madurai. 3.The District Manager, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Theni, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the third respondent to cancel the tender held on 27.07.2011 to sell eatables and collect empty bottles from the bar attached to the shop No.8603 situated in K.Vilakku, Andipatti Taluk, Theni District and directing the third respondent to call for re-tender to the shop No.8603 situated in K.Vilakku, Andipatti Taluk, Theni District. For Petitioner : Mr.V.Kannan For Respondents : Mr.S.Chandrasekar For Mr.K.Mahendran ORDER Mandamus sought for in this Writ Petition is to direct the third respondent to cancel the tender held on 27.07.2011 to sell eatables and collect empty bottles from the bar attached to shop No.8603, situated in K.Vilakku, Andipatti Taluk, Theni District. Consequently, the petitioner has sought for a further direction to the District Manager, TASMAC, Tamil Nadu State Marketing Corporation Limited, Theni, to notify re-tender for the above said shop. https://hcservices.ecourts.gov.in/hcservices/ 2 2. According to the petitioner, the District Manager, TASMAC, Tamil Nadu State Marketing Corporation Limited, Theni District, the third respondent herein, vide advertisement dated 08.07.2011, called for tenders for the bars attached to TASMAC Shops, in Theni District to be held on 27.07.2011. It is the further case of the petitioner that though he intended to participate in the tender for grant of licence to a bar attached to TASMAC Shop No.8603, K.Vilakku, Andipatti Taluk, Theni District, the tender schedule was not given to him. It is the further allegation that in order to favour some other persons (AIADMK Party), the tender schedule was not issued to the petitioner. It is also alleged that the AIADMK leaders of Theni District had instructed the third respondent to issue licences only to AIADMK party. Even though he tendered demand draft of Rs.5,000/-, as EMD amount and submitted the application along with the required documents, the third respondent, with the help of police, forcibly evicted the petitioner. Being aggrieved by the same, the petitioner has sent a representation dated 27.07.2011, to the first and second respondents. As no action was taken, the petitioner has come forward with the present Writ Petition. 3. Considering the averments in the submissions made, Mr.S.Chandrasekar, learned counsel for the State was put on notice. On instructions from the respondents, he submitted that in respect of Shop No.8603, which is the subject matter of the present Writ Petition, licence has already been granted. He has also produced a copy of the licence issued in Na.Ka.No.345/8603/2011/A5, dated 30.07.2011, in favour of Thiru.R.Pasumpon, before this Court. 4. The allegation that the AIADMK leaders of Theni District had instructed the District Manager, TASMAC, Tamil Nadu State Marketing Corporation Limited, the third respondent, to issue licences only to the AIADMK party members for the bars attached to the TASMAC Shops in Theni District is baseless. The averments are bereft of details. The further allegation that the petitioner was prevented from participating in the tender also cannot be adjudicated in this Writ Petition, for the reason that licence has already been granted. If at all the petitioner has any grievance in the manner of https://hcservices.ecourts.gov.in/hcservices/ 3 opening of tender and grant of licence, it is always open to him to challenge the same, if he so desires. As the tender dated 08.07.2011, has already been finalized by issuance of licence, the Mandamus sought for cannot be granted. A copy of the licence issued in Na.Ka.No.345/8603/2011/A5, dated 30.07.2011 in favour of one R.Pasumpon produced before this Court by the learned counsel for the TASMAC shall form part of the record. 5. For the reasons stated supra, the Writ Petition stands dismissed. Consequently, the connected miscellaneous petitions are also dismissed. No costs. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Chennai. 2.The Senior Regional Manager, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Madurai. 3.The District Manager, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Theni, Theni District. +1cc to Mr.K.Mahendran, Advocate Sr.No.25426 +1cc to Mr.V.Kannan, Advocate Sr.NO.25402 SML akm/02.08.11 /3p-6c/ Order made in W.P.(MD).No.8491 of 2011 Dated:- 01.08.2011 https://hcservices.ecourts.gov.in/hcservices/