A.Velusamy v. The Tamilnadu State Marketing
In the High Court of Judicature at Madras Dated : 10.4.2018 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.8417 of 2018 & WMP.Nos.10371 & 10372 of 2018 A.Velusamy
...Petitioner
Vs 1.The Tamil Nadu State Marketing Corporation Limited (TASMAC), rep.by its Managing Director, Thalamuthu Natarajan Maligai, Egmore, Chennai-8.
2.The Tamil Nadu State Marketing Corporation Limited (TASMAC), rep.by its Senior Regional Manager, LLA Building, Anna Salai, Chennai-2.
3.The Tamil Nadu State Marketing Corporation Limited (TASMAC), rep.
by its District Manager, Thiruvallur East District, Thirumazhisai, Thiruvallur District-600122.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to issue licence to the petitioner for the TASMAC bar attached to TASMAC shop No. 8881 by considering the petitioner's representation dated 16.3.2018.
For Petitioner :
Mr.M.Manimaran For Respondents :
Mr.P.Arumugharajan
ORDER
Mr.P.Arumugharajan, learned Standing Counsel accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner has filed this writ petition seeking a direction to the second respondent to consider his representation dated 16.3.2018 and grant licence to the petitioner to sell eatables and collect empty bottles from the bar attached to TASMAC shop No.8881.
3. The learned counsel for the petitioner submits that in the tender called for by the respondents, one other person had been declared as a successful bidder. But, because of non production of the rental agreement and other records, the confirmation order granted in favour of that person was canceled. It is further submitted that the petitioner herein is the second highest bidder and has produced all the documents including the no objection certificate from the landlord of the premises and that therefore, the second respondent may be directed to consider the petitioner's case.
4. Since the writ petition is disposed of at the admission stage, no positive direction can be granted, as the representation is pending consideration before the third respondent.
5. Accordingly, the writ petition is disposed of with a direction to the third respondent to consider the representation of the petitioner dated 16.3.2018 on merits and pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMPs are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rs To 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), Thalamuthu Natarajan Maligai, Egmore, Chennai-8.
2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), LLA Building, Anna Salai, Chennai-2.
3.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Thiruvallur East District, Thirumazhisai, Thiruvallur District- 6001 22.
+1cc to Mr.P.Arumugaraja, Advocate, S.R.No.26225 +1cc to Mr.M.Manimaran, Advocate, S.R.No.26747 (13/04/2018) WP.No.8417 of 2018 & WMP.
Nos.10371 & 10372 of 2018 SV(CO) RRK(11/04/2018)