1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8457 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 A.Sathaiyah : 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., Sivagangai, Sivagangai 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.7716, situated in V.I.P.Nagar, Kalayarkoil, Sivagangai District and directing the third respondent to call for re-tender to the shop No.7716, situated in V.I.P.Nagar, Kalayarkoil, Sivagangai. 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.7716, situated in V.I.P.Nagar, Kalayarkoil, Sivagangai District. Consequently, the petitioner has sought for a further direction to the District Manager, TASMAC, Tamil Nadu State Marketing Corporation Limited, Sivagangai 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, Sivagangai District, the third respondent herein vide advertisement dated 08.07.2011, called for tenders for the bars attached to TASMAC Shops, in Sivagangai 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.7716, V.I.P.Nagar, Kalayarkoil, Sivagangai District, the tender schedule was not given to him. It is the further allegation that in order to favour some other persons (Ruling Party), the tender schedule was not issued to the petitioner. It is also alleged that the Hon'ble Minister S.Gokula Indra and Mr.K.R.Muruganantham, the Secretary of AIADMK Sivagangai District had instructed the third respondent to issue licences only to ruling party. When the petitioner was refused with a tender schedule by the third respondent, he had no other alternative to take the tender schedule from the website and even though he tendered demand draft of Rs.5,000/- as EMD amount along with the application cost of Rs.525/- and after filling up the application with required documents, he rushed to the third respondent office at 02.00 p.m., for submitting the tender schedule, 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.7716, which is the subject matter of the present Writ Petition, licence has already been granted. 4. The allegation that the Hon'ble Minister and Secretary had instructed the District Manager, TASMAC, Tamil Nadu State Marketing Corporation Limited, the third respondent to issue licences only to the ruling party for the bars attached to the TASMAC Shops in Sivagangai 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 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. 5. For the reasons stated supra, the Writ Petition stands dismissed. Consequently, the connected miscellaneous petitions are also dismissed. No costs. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 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., Sivagangai, Sivagangai District +One cc to Mr.V.Kannan, Advocate, SR.No.25401 +One cc to Mr.K.Mahendran, Advocate, SR.No.25427 SML rl/6c – 2.8.2011 Order made in W.P.(MD).No.8457 of 2011 Dated:- 01.08.2011 https://hcservices.ecourts.gov.in/hcservices/