M/S.Abco Tech Agencies, v. Bharat Sanchar Nigam Limited,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.18482, 18967 and 24375 of 2010 and W.M.P.Nos.1, 2 & 3 of 2010; 1, 2 & 3 of 2010 and 1, 2 & 3 of 2010 M/s.Abco Tech Agencies, rep by Proprietor, Mrs.S.Sajitha Parveen ... Petitioner in W.P.
No.18482 of 2010 A.Sikkandar Badhusha ... Petitioner in W.P.
Nos.18967 and 24375 of 2010 Vs
1. Bharat Sanchar Nigam Limited, rep by Chief General Manager, Tamil Nadu Telecom Circle, Chennai - 600 002.
2. The General Manager (S & M-CM), Tamilnadu Telecom Circle, Bharat Sanchar Nigam Limited, New CTS Building, 16, Creams Road, Chennai - 600 006.
... Respondents in all W.P.s
3. M/s.Prakash coll graphics, No.7, Northveli Street, Madurai.
... 3rd respondent in W.P.No.18482 of 2010 & No.18967 of 2010 and 4th respondent in WP.No.24375 of 2010
4. Sri Sudarsan Paper Mills Limited, Mothipalayam, Sirumugai Post, Mettupalayam, Coimbatore.
... 4th respondent in W.P.No.18967 of 2010 & 18482 of 2010
5. The General Manager, BSNL, Office of GMT, BSNL, 22, Nethaji Street, Karaikudi - 630 001.
... 3rd respondent in W.P.
No.24375 of 2010 Prayer in W.P.No.18482 of 2010:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to issue a fresh notice inviting Expression of Interest (EOI) for Franchise ship of BSNL for the sales marketing and Distribution in Tamilnadu Telecom Circle and consequently receive and consider the petitioner's EOI for Mettupalayam area in Coimbatore SSA and consider the EOI submitted for Ramnad area in Karaikudi SSA on 03.08.2010.
Prayer in W.P.No.18967 of 2010:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to issue a fresh notice inviting Expression of Interest (EOI) for Franchise ship of BSNL for the sales marketing and Distribution in Tamilnadu Telecom Circle, giving sufficient time for submission of EOI enabling the interested persons to participate for the appointment of Franchisee ship and consequently receive and consider the petitioner's EOI for Mettupalayam area in Coimbatore SSA and for Ramnad area in Karaikudi SSA within the stipulated time.
Prayer in W.P.No.24375 of 2010:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the entire records pertaining to the impugned proceedings No.GMKKD/Franchisee Corr./09-10/ dated at Karaikudi, the 04.09.2010 issued by the third respondent including the appointment of fourth respondent as new Franchisee in respect of the Ramnad area of Karaikudi SSA, and quash the same and directing the respondents 1 to 3, to permit the petitioner, as per the third respondent letter dated 30.07.2010, to look after the Ramnad area till 31.10.2010 or till the finalization of the issue of appointment of new Franchisee for Ramnad area. For Petitioner in all W.P.s :Mr.K.Thilageswaran For Respondents :Mr.M.Vaidyanathan for R1 in all W.P.s
COMMON ORDER When these writ petitions were taken up for consideration, the learned counsel for the petitioner(s), on instructions, submitted that the relief sought for herein has become infructuous and hence, nothing survives for adjudication in these writ petitions.
2.In view of the above submission made by the learned counsel for the petitioner(s), these Writ Petitions are dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar arb/vsi2 To
1. The Chief General Manager, Bharat Sanchar Nigam Limited, Tamil Nadu Telecom Circle, Chennai - 600 002.
2. The General Manager (S & M-CM), Tamilnadu Telecom Circle, Bharat Sanchar Nigam Limited, New CTS Building, 16, Creams Road, Chennai - 600 006.
3. The General Manager, BSNL, Office of GMT, BSNL, 22, Nethaji Street, Karaikudi - 630 001.
+3cc to Mr.M.Vaidhiyanathan, Advocate, S.R.No.88836 W.P.Nos.18482, 18967 and 24375 of 2010 and W.M.P.Nos.1, 2 & 3 of 2010;
1, 2 & 3 of 2010 and 1, 2 & 3 of 2010 KAN(CO) CS/15/02/2019