1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8218 of 2011 And M.P.(MD).Nos.1 & 2 of 2011 J.Sathiya Seelan ... Petitioner -Vs- 1. The State of Tamil Nadu Rep. by its Secretary Department of Home Prohibition and Excise Fort St. George Chennai - 600 009 2. The Managing Director Tamil Nadu State Marketing Corporation Ltd., Head Office, 4th Floor CMDA Tower - II Egmore Chennai - 600 008 3. The District Collector Madurai District Madurai 4. The District Manager / Deputy Collector Tamil Nadu State Marketing Corporation Ltd., Collectorate Campus Madurai Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned Advertisement in Na.Ka.No. 1571/2011/E dated Nil.07.2011 issued by the fourth respondent and quash the same and further direct the respondents herein to issue fresh tender notifications forthwith with all necessary particulars viz., the location, number of shops etc to grant license to sell bar eatables and to collect the empty bottles in the bars attached with Tamil Nadu State Marketing Corporation Ltd., retail vending shops in Madurai District and process the same in accordance with law. *** For Petitioner : Mr.E.V.N.Siva For Respondents : Mr. K.Mahendran Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R One of the grounds of challenge to the notification in Na.Ka.No. 1571/2011/E dated Nil.07.2011 issued by the District Manager / Deputy Collector, Tamil Nadu State Marketing Corporation Ltd., Collectorate Campus, Madurai, Madurai District, the fourth respondent herein, pertaining to the bars attached to TASMAC Shops in Madurai City, is that the tender advertisement does not contain the necessary particulars, such as location, the number of unsold bars attached to the IMFL shops, in the earlier tenders and that therefore, there is no transparency in the imupgned notification. 2. Objecting the relief sought for, Mr. K.Mahendran, learned Special Government Pleader and counsel for TASMAC, submitted that when the initial for bars attached to IMFL Shops in Madurai District was floated, there was a specific mention in the notification that tenders are invited for all the IMFL shops, within Madurai District and that after completion of the first phase of tender, and granting license to the highest bidders, it is the normal procedure of TASMAC, to display the details of the remaining unsold shops, in the office of the respondent. 3. According to him, the above said procedure has been followed in the case also. It is his further submission that to avoid unnecessary expenditure and since the details of unsold shops, were already displayed in the notice board, there is transparency and that therefore, there is no need to quash the notification on that ground. The above said contention is refuted by the learned counsel for the petitioner that the details were not notified or displayed. According to the learned counsel for TASMAC, there is no mala fide or violation of the provisions of Tender Transparency Act, warranting interference. 4. Heard the learned counsel for the parties. 5. Pleadings and materials on record disclose that in so far as entire Madurai District is concerned, there are 36 IMFL bars attached to the shops. The District Manager, TASMAC, has issued an advertisement as early as on 01.06.2011 calling for tenders, for grant of licence to the bars, attached to the IMFL shops, to sell eatables and to collect empty bottles. After completion of the initial phase of tender, out of 308 shops, licence is yet to be granted for 36 bars in the whole of Madurai District, which includes four shops within Madurai City Limits. 6. Though the contention of the learned counsel for TASMAC stated supra is acceptable, that for all the shops in Madurai District tender was floated for grant of licence to the bars, attached to the shops and later on for the remaining unsold shops, details were displayed, as stated supra, the same were reflected, to avoid any allegations of bias, favoritism and to bring in more transparency in the matter of awarding licence to the bars attached to the remaining bars stated supra, whatever be the rival contentions, it is always better mention the details in the advertisements itself, considering the object of Tender Transparency Act. Considering the fact that the tender scheduled on 29.07.2007 has been adjourned sine die, the District Manager / Deputy Collector, Tamil Nadu State Marketing Corporation Ltd., Collectorate Campus, Madurai, Madurai District, is hereby directed to effect advertisement / notification in https://hcservices.ecourts.gov.in/hcservices/ 3 both Tamil as well as English News Papers, forthwith, notifying the details of the shops, for which licence have not been granted, so far, with specific details, such as, location, etc. It is sincerely hoped that the orders of this Court would be complied with forthwith considering the limited time. 8. With the abovesaid directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. vsg Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1. The Secretary The State of Tamil Nadu Department of Home Prohibition and Excise Fort St. George Chennai - 600 009 2. The Managing Director Tamil Nadu State Marketing Corporation Ltd., Head Office, 4th Floor CMDA Tower - II Egmore Chennai - 600 008 3. The District Collector Madurai District Madurai 4. The District Manager / Deputy Collector Tamil Nadu State Marketing Corporation Ltd., Collectorate Campus Madurai Madurai District W.P.(MD).No.8218 of 2011 Dated:22.07.2011 3P/5C RPB 22.07.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/