1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/09/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).Nos.10038 to 10090 of 2011 And W.P.(MD).Nos.10167 to 10173 of 2011 R. RENGANATHAN ..PETITIONER IN WP.10038 OF 2011 D. RATHAN ..PETITIONER IN WP.10039 OF 2011 A.T. ANSARI ..PETITIONER IN WP.10040 OF 2011 S. VASUDEVAN ..PETITIONER IN WP.10041 OF 2011 T. SANKAR ..PETITIONER IN WP.10042 OF 2011 R. ALAGARASAN ..PETITIONER IN WP.10043 OF 2011 S. RAMMOHAN ..PETITIONER IN WP.10044 OF 2011 R. RAJA ..PETITIONER IN WP.10045 OF 2011 P. SAKTHIVEL ..PETITIONER IN WP.10046 OF 2011 D. RAJA ..PETITIONER IN WP.10047 OF 2011 C. MARIMUTHU ..PETITIONER IN WP.10048 OF 2011 R. SENTHILKUMAR ..PETITIONER IN WP.10049 OF 2011 N. RAJAN ..PETITIONER IN WP.10050 OF 2011 R. RAMKUMAR ..PETITIONER IN WP.10051 OF 2011 T. MANI ..PETITIONER IN WP.10052 OF 2011 K. C. KANNAN ..PETITIONER IN WP.10053 OF 2011 A.W. ABDUL AJEEZ ..PETITIONER IN WP.10054 OF 2011 G. RAMDOSS ..PETITIONER IN WP.10055 OF 2011 K. SHANMUGAM ..PETITIONER IN WP.10056 OF 2011 N. KALIYAMOORTHY ..PETITIONER IN WP.10057 OF 2011 T. RAMESH ..PETITIONER IN WP.10058 OF 2011 S.JOHN BAPLIST EINSTEIN ..PETITIONER IN WP.10059 OF 2011 A. GOVINDARAJAN ..PETITIONER IN WP.10060 OF 2011 S. VEERAIAH ..PETITIONER IN WP.10061 OF 2011 P. KANNAN ..PETITIONER IN WP.10062 OF 2011 I. SARAVANAKUMAR ..PETITIONER IN WP.10063 OF 2011 A. PARMASIVAM ..PETITIONER IN WP.10064 OF 2011 A. MURUGESAN ..PETITIONER IN WP.10065 OF 2011 R. PRABHAKAR ..PETITIONER IN WP.10066 OF 2011 R. VENKATESAN ..PETITIONER IN WP.10067 OF 2011 K. PRABHAKAR ..PETITIONER IN WP.10068 OF 2011 S. MOHANA ..PETITIONER IN WP.10069 OF 2011 V. SURESH ..PETITIONER IN WP.10070 OF 2011 K. IBRAMSHA ..PETITIONER IN WP.10071 OF 2011 G. RAJASEKARAN ..PETITIONER IN WP.10072 OF 2011 K. KARIKALAN ..PETITIONER IN WP.10073 OF 2011 R. RAVICHANDREN ..PETITIONER IN WP.10074 OF 2011 D. SOMASUNDARAM ..PETITIONER IN WP.10075 OF 2011 https://hcservices.ecourts.gov.in/hcservices/ 2 R. ILAYARAJA ..PETITIONER IN WP.10076 OF 2011 A. THENMOZHI ..PETITIONER IN WP.10077 OF 2011 B. SABTHARISHI ..PETITIONER IN WP.10078 OF 2011 C. RAVI ..PETITIONER IN WP.10079 OF 2011 M. SAHUL HAMEED ..PETITIONER IN WP.10080 OF 2011 G. PONRAJ ..PETITIONER IN WP.10081 OF 2011 M. SALEEM ..PETITIONER IN WP.10082 OF 2011 D. RAVI ..PETITIONER IN WP.10083 OF 2011 K. DINESHKUMAR ..PETITIONER IN WP.10084 OF 2011 C. MURUGESAN ..PETITIONER IN WP.10085 OF 2011 A. VASUDEVAN ..PETITIONER IN WP.10086 OF 2011 R. SANKAR ..PETITIONER IN WP.10087 OF 2011 P. PRABHU ..PETITIONER IN WP.10088 OF 2011 G. MANIMEGALAI ..PETITIONER IN WP.10089 OF 2011 R. SANKAR ..PETITIONER IN WP.10090 OF 2011 C. MUTHUVEL ..PETITIONER IN WP.10167 OF 2011 R. VELUSAMY ..PETITIONER IN WP.10168 OF 2011 M. JOHN BRITTO ..PETITIONER IN WP.10169 OF 2011 M. RAVIKUMAR ..PETITIONER IN WP.10170 OF 2011 K. PALANIVELU ..PETITIONER IN WP.10171 OF 2011 K. SINGARAVELAN ..PETITIONER IN WP.10172 OF 2011 C. CHANDHIRASEKAR ..PETITIONER IN WP.10173 OF 2011 VS., THE DEPUTY COLLECTOR / THE DISTRICT MANAGER, TAMIL NADU STATE MARKETING CORPORATION LTD., PLOT No. 72, SIDCO INDUSTRIAL ESTATE, B.H.E.L., NAGAR, THUVAKUDI, TIRUCHIRAPPALLI – 620 015 ...RESPONDENTS IN ALL THE PETITIONS Petitions under Article 226 of the Constitution of India to issue Writ of Mandamus issuing direction to the respondent to issue Tender Schedule application immediately for the bar attached to the Tamil Nadu State Marketing Corporation Shop No. (1) 10265 (2) 10309 (3) 10216 (4) 10215 (5) 10375 (6) 10256 (7) 10257 (8) 10279 (9) 10251 (10)10303 (11) 10271 (12) 10205 (13) 10297 (14) 10270 (15) 10211 (16) 10254 (17) 10213 (18) 10272 (19) 10296 (20) 10218 (21) 10263 (22) 10291 (23) 10311 (24) 10243 (25) 10305 (26) 10269 (27) 10252 https://hcservices.ecourts.gov.in/hcservices/ 3 (28) 10235 (29) 10212 (30) 10219 (31) 10264 (32) 10315 (33) 10208 (34) 10284 (35) 10289 (36) 10304 (37) 10204 (38) 10259 (39) 10343 (40) 10280 (41) 10234 (42) 10224 (43) 10238 (44) 10203 (45) 10230 (46) 10295 (47) 10201 (48) 10269 (49) 10255 (50) 10245 (51) 10281 (52) 10267 (53) 10277 (54) 10249 (55) 10276 (56) 10309 (57) 10209 (58) 10260, (59) 10247, AND (60) 10241 Trichirappalli District respectively to the Petitoenrs within a time limt that may be fixed by this Court. For petitioner in all W.Ps. : Mr.A.Rahul For Respondent in all W.Ps. : Mr.M.Muniasamy COMMON ORDER About 60 Writ Petitions have been filed by the intending bidders directing the Deputy Collector/ The District Manager, the respondent herein, to issue tender schedule applications immediately for the bars attached to the Tamilnadu State Marketing Corporation Shop, Tiruchirappalli District. 2. Earlier on 06.09.2011, this Court directed the Deputy Collector/District Manager, TASMAC Tiruchirapalli District, to be present on 07.09.2011 at 2.15 p.m., to answer certain issues raised in the Writ Petition. The matter was taken up today ie., 07.09.2011 at 2.15 p.m. 3. As per tender notification, dated 23.08.2011, published in the newspaper on 24.08.2011, the details of the tender schedule would be available in TASMAC websites viz., http://www.tenders.tn.gov.in. & http://www.tasmac.tn.gov.in. But Mr.A.Rahul, learned counsel for the petitioners submitted that no details were available in the abovesaid websites and that therefore, the petitioners were constrained to approach the respondent in person, seeking for issuance of tender schedule. 4. According to him, despite the petitioners personal requests and representations sent on various dates, enclosing a demand draft for value of Rs.525/- by speed post, there was no response. On this aspect, Mr.Ravindran, Deputy Collector and District Manager, TASMAC Tiruchirapalli District, who was present in the Court was posed with a question as to when the details of the tender schedule were uploaded in the official website of TASMAC. He replied that only on 06.07.2011 at 3 p.m., the details of tender schedule were uploaded in the official website. 5. The Deputy Collector/District Manager, TASMAC Tiruchirapalli District, has further stated that though the tender notification was https://hcservices.ecourts.gov.in/hcservices/ 4 published on 24.08.2011, in Tamil Newspaper Dinamalar, there was no request in person, from any intending bidder, excepting the request from the petitioners, sent through post from issuance of tender schedule. The said authority has further stated that the requisition of the petitioner along with the required demand draft were received on 02.09.2011 only. Though On 03.09.2011 was a working date, the tender schedule forms could not be issued 53 tender schedules were sent by post to the writ petitioners on 06.09.2011. As regards the procedure, the Deputy Collector/District Manager, TASMAC, Tiruchirapalli District, has further stated that the tender notification published in the newspaper, is based on a format given by the Head Office and the contents in the notification would be common for all the Districts. He also submitted that a separate box would be maintained in the office of the Deputy Collector/District Manager, TASMAC Tiruchirapalli District, so that the filled in tender schedule can be dropped in the box. 6. The Deputy Collector/District Manager, TASMAC Tiruchirapalli District, has further stated that there are 234 shops in Tiruchirapalli District, for which, he expects approximately 500 applications. The Tender Inviting Authority shall permit submission of tender schedule by post or courier as provided in the statutory Rules 18(3) of the the Tamil Nadu Transparency in Tenders Rules 2000. The Tender Inviting Authority shall not be responsible for any delay in transit in such cases. The Deputy Collector/District Manager, TASMAC Tiruchirapalli District, has submitted that he would issue necessary Corrigendum by today or tomorrow, to the tender notification, dated 24.08.2011, to the effect that permitting the tenderers to submit tenders by post or courier, the last date for receipt of the tender schedule in person, is 13.09.2011 at 3 p.m. As per clause 9 of the tender notification, the details of IMFL shops in the area and the shop nos., would be published in the official website at 3.30 p.m. To avoid chaos and crowd, the Deputy Collector/District Manager, TASMAC Tiruchirapalli District, is directed simultaneously to display the details of the areas and the number of shops, for which, tender schedules would be opened, in the office of the Deputy Collector/District Manager, TASMAC Tiruchirapalli District. 7. The statement of Deputy Collector/District Manager, TASMAC Tiruchirapalli District, that there is no proposal to relocate the shop and that he would issue the tender schedule, to all the persons, on request either by post or in person, is recorded. 8. As per Rule 18(2) of the Tamil Nadu Transparency in Tenders Rules 2000, the tender inviting authority shall take all measures to ensure that no intending tenderer is hindered in submitting the tender. 9. As large number of persons are likely to be present on the tender opening date, at the schedule time, and as the time gap, between the time for submitting the tender and opening of the same, is only one hour, the Tender Inviting Authority, namely, the Deputy Collector/District Manager, TASMAC Tiruchirapalli District, is directed to take all adequate measures to see that an intending tenderer is not prevented from submitting the schedule. 10. The Deputy Collector/District Manager, TASMAC Tiruchirapalli District, is also directed to request the police to make necessary arrangements, to facilitate the intending bidders or their representatives, https://hcservices.ecourts.gov.in/hcservices/ 5 who chooses to be present, at the time of opening of the tenders. It is also made clear that the tender inviting authority shall follow the procedure, as per the Tamil Nadu Transparency in Tenders Rules 2000, to maintain transparency. 11. The Deputy Collector/District Manager, TASMAC Tiruchirapalli District, submitted that the tender forms would be issued to all the writ petitioners, on receipt of the necessary applications through post without delay. 12.With the abovesaid observations and directions, these Writ Petitions are disposed of. No costs. Sd/- 07.09.2011 These Writ Petitions having been posted on Friday the 9th day of September 2011 under the Caption for being mentioned inpursuance of the Order of this Court dated 07.09.2011 in the presence of the aforesaid advocates on both sides, the Court made the following Order. By way of being mentioned, W.P.(MD) Nos.10038 to 10090 of 2011 are taken up. 2. The District Manager TASMAC Limited, has filed an affidavit dated 8/9/2011 stating that he came to know that the Election Commission of India has announced bye-election to Tiruchirapalli (West Assembly Constituency) and that the model code of conduct has come into force from 6/9/2011. At paragraph No.3, the District Manager, TASMAC, Tiruchirapalli has stated as follows:- "I state that the model code of conduct is in force from 6/9/2011 there is a proposal to postpone the calling for tender schedule for the allotment of bar in Trichy District. Since, there is an impediment to issue the corrigendum with regard to receiving the tender schedule through Post or Courier. Hence, I may be permitted to issue the corrigendum after the suspension of model code of conduct by the Election Commission of India." https://hcservices.ecourts.gov.in/hcservices/ 6 The affidavit filed by the District Manager, TASMAC, shall form part of the record. SD ASST REGISTRAR ( T AND P ) /TRUE COPY/ SUB ASST REGISTRAR To (**)TO BE SUBSTITUTED FOR THE ORDER ALREADY DESPATCHED ON 9.9.2011 The Deputy Collector/ The District Manager Tamilnadu State Marketing Corporation Ltd., Plot No.72, SIDCO Industrial Estate BHEL Nagar, Thuvakudi. Tiruchirapalli - 620 015 1CC'S TO MR. A. RAHUL, ADVOCATE, SR 30374 AND 30375: DM:2011:SEPTEMBER:08:: W.P.(MD).Nos.10038 to 10090 of 2011 And W.P.(MD).Nos.10167 to 10173 of 2011 07.09.2011 5P:4C:: rl/3c – 15.9.2011 https://hcservices.ecourts.gov.in/hcservices/