M/S.Mahalakshmi Transports v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2023 CORAM :
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. Nos.2936, 2937, 2941, 2943 and 2944 of 2923 and W.M.P. Nos.3036, 3039, 3040, 3043, 3045, 3046, 3047, 3048, 3050 and 3051 of 2023 In W.P. No.2936 of 2023 M/s.Mahalakshmi Transports, Represented by its Partner S. Naveen ..
Petitioner vs
1. The State of Tamil Nadu Represented by its Principal Secretary, Department of Animal Husbandry, Fort. St. George, Chennai - 600 009.
2. The Managing Director, "Aavin Illam", 3-A, Pasumpon Muthuramalinganar Road, Nandanam, Chennai - 600 035.
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3. The Joint Managing Director, 29 & 30, Industrial Estate, Ambattur, Chennai - 600 098.
4. The Deputy General Manager, Producers Federation Limited, Transport Unit, Madhavaram Milk Colony, Chennai - 600 051.
5. The Tender Evaluation Committee, Represented by its Chairman cum the Joint Managing Director, 29 & 30, Industrial Estate, Ambattur, Chennai - 600 098.
6. V. Nirmala
7. Mohanasundaram Transports, 6/70, Ayyar Salai Colony, Thathatripuram, Namakkal Taluk & District - 637 018.
8. N. Elangovan
9. S. Arun
10. A. Ahila
11. A. Saroja 2/6
12. M/s.Ayyanar Transports, 3/104, Muthukumaran Street, Pachal Post, Namakkal Taluk & District - 637 018.
Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus, calling for the records on file of the third respondent with respect to Ref. No.1993/T4/TPT/2022, dated 25.01.
2023 relating to the Technical Evaluation insofar as respondents 6 to 15 as regards E-Tender for 'hiring of Road Milk Tankers on contract for three years for transportation of milk within & outside State of Tamil Nadu' and quash the same with consequential direction directing the third and fifth respondents to evaluate the Technical Bid afresh in view of the condition stipulated in the Notice Inviting Tender captioned as Instructions to Bidders or submission of on-line bids in E-Tender read with Rule 28(2) (b) of the Tamil Nadu Transparency in Tenders Rules, 2000 by considering the representation of the petitioner dated 24.01.2023. For Petitioner : Mr.T. Mohan for Mr.S. Senthil For Respondents : Mr.J. Ravindran Additional Advocate General - 9 Assisted by Mr.S. Ravikumar Spl. Govt. Pleader Mr.M.
Balachander, Standing counsel for AAVIN for R2 to R4 Mr.D.
COMMON ORDER These writ petitions have been filed challenging the technical evaluation done on 25.01.2023 in respect of respondents 6 to 15 are concerned. According to the petitioner, the respondents 6 to 15 in these writ petitions are not eligible to participate in the subject tender.
2. According to the petitioners, the respondents 6 to 15 have not uploaded the digital signatures in every page of the documents, which is a condition required under the tender and hence, they are not eligible.
3. Now it is brought to the notice of this Court by the learned Additional Advocate General appearing for the respondents that Work Order has now been issued to the successful bidders and therefore, these writ petitions have now become infructuous. A copy of the 94 Work Orders have also been furnished to the learned counsels appearing for the respective petitioners.
4. Since, Work Orders have been issued, the learned counsels appearing for the respective petitioners seek liberty of this Court for the respective petitioners to challenge the Work Orders in the manner known to the petitioners under law.
5. No prejudice would be caused to any of the parties, if such a liberty is granted.
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6. Accordingly, these writ petitions are disposed of as the same have now become infructuous and liberty as sought for by the respective petitioners is granted. No costs. Consequently, connected miscellaneous petitions are closed.
08.02.2023 Index:Yes/No vsi2 To
1. The Principal Secretary, The State of Tamil Nadu Department of Animal Husbandry, Fort. St. George, Chennai - 600 009.
2. The Managing Director, "Aavin Illam", 3-A, Pasumpon Muthuramalinganar Road, Nandanam, Chennai - 600 035.
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ABDUL QUDDHOSE, J.
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3. The Joint Managing Director, 29 & 30, Industrial Estate, Ambattur, Chennai - 600 098.
4. The Deputy General Manager, Producers Federation Limited, Transport Unit, Madhavaram Milk Colony, Chennai - 600 051.
5. The Tender Evaluation Committee, Represented by its Chairman cum the Joint Managing Director, 29 & 30, Industrial Estate, Ambattur, Chennai - 600 098.
W.P. Nos.2936, 2937, 2941, 2943 and 2944 of 2923 08.02.2023 6/6