1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)Nos.7404 & 7409 of 2011 and M.P.Nos.1,1,2&2 of 2011 1.T.Esakkimuthu .. Petitioner in W.P.7404/11 2.Shenbagarajan .. Petitioner in W.P.7409/11 Vs. 1.The District Manager, TASMAC,Munneerpallam, Palayamkottai Taluk, Tirunelveli District. 2.K.Shanmugam, The District Manager, TASMAC, Munneerpallam, Palayamkottai Taluk, Tirunelveli District. .. Respondents in both Wps. PRAYER IN W.P.No.7404/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the impugned order dated 29.06.2011 and quash the same in so far as the TASMAC Shop No.10660 attached Bar at Valliyoor Tirunelveli District is concerned and consequently directing the 1st respondent to open and consider the Tender Schedule submitted by the petitioner as per the 1st respondent's Notification in Na.Ka.No.Aa1/1500/2011 dated 15.06.2011. PRAYER IN W.P.No.7409/2011: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the impugned order dated 29.06.2011 and quash the same in so far as the TASMAC Shop No.10826 attached Bar at Kalakadu, Tirunelveli District is concerned and consequently directing the 1st respondent to open and consider the Tender Schedule submitted by the petitioner as per the 1st respondent's Notification in Na.Ka.No.Aa1/1500/2011 dated 15.06.2011. For Petitioners : Mr.S.R.A.Ramachandhran For Respondents : Mr.K.Mahendran Spl.Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON ORDER The impugned proceedings dated 21.06.2011 of the District Manager, TASMAC, Tirunelveli District, has been passed on the sole ground “Administrative reasons”. It does not reflect the actual reasons for cancellation of the earlier tender, notified for the TASMAC Bar at Valliyoor, Tirunelveli District and for the other bars mentioned in the order. 2. Learned counsel appearing for both the parties submitted that earlier when the abovesaid impugned proceedings was challenged in W.P.Nos.7355 to 7357 of 2011, this Court, by a common order dated 01.07.2011 directed opening of the tender. 3.Mr.K.Mahendran, learned Special Government Pleader appearing for the TASMAC submitted that tender would be opened tomorrow. His submission is placed on record. 4.Without going into the merits of the writ petitions, this Court is of the view that the impugned order has been passed contrary to the decision of the Supreme Court, wherein it is time and again reiterated, that the reasons should be the heart-beat of any administrative decision. As the order does not reflect the same, this Court is inclined to set aside the impugned order, directing re-tender for various TASMAC Shops with attached Bar. The respondents shall open the tender as directed by this Court, as stated supra, as expeditiously as possible, to avoid any delay in processing of the tenders. 5.In the result, the writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To 1. The District Manager, TASMAC,Munneerpallam, Palayamkottai Taluk,Tirunelveli District. 2. K.Shanmugam,The District Manager, TASMAC, Munneerpallam,Palayamkottai Taluk,Tirunelveli District. +1cc to Mr.K.Mahendran, Special Govt.Pleader SR.No.21752 +2ccs to MR.S.R.A.Ramachandran, Advocate SR.Nos.21663&21664 ORDER MADE IN W.P.(MD)Nos.7404 & 7409 of 2011 05.07.2011 MPK PA/05.07.2011/2P/6C(IT) https://hcservices.ecourts.gov.in/hcservices/