R.Nathiyazhagan v. Tamil Nadu Civil Supplies Corporation,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.Nos.7477, 7494, 7481, 7488, 7485 and 7490 of 2023 R.Nathiyazhagan .. Petitioner in all WPs Vs Tamil Nadu Civil Supplies Corporation, rep. by its Managing Director, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

.. Respondent No.1 in all WPs The Regional Manager, Tamil Nadu Civil Supplies Corporation, Kallakurichi-606 202.

.. Respondent No.2 in WP.No.7477/2023 The Regional Manager, TNCSC, Thiruvannamalai-606 604.

.. Respondent No.2 in WP.No.7494/2023

The Regional Manager, Tamil Nadu Civil Supplies Corporation, Nagapattinam-611 001.

.. Respondent No.2 in WP.No.7481/2023 The Regional Manager, Tamil Nadu Civil Supplies Corporation, Namakkal District.

.. Respondent No.2 in WP.No.7488/2023 The Regional Manager, Tamil Nadu Civil Supplies Corporation, Godown Complex, Krishnagiri.

..

Respondent No.2 in WP.No.7485/2023 The Regional Manager, Tamil Nadu Civil Supplies Corporation, Semmandalam, Cuddalore-607 001.

.. Respondent No.2 in WP.No.7490/2023 Prayer: Petitions filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the first respondent in Tender notification in NIT No.B1/00263/2023 (TNCSC/22-23/ET/160) dated 11.02.2023; NIT No.B3/774/2023 (TNCSC/22-23/ET/180) dated 13.02.2023; NIT No.B2/000570/2023 (TNCSC/22-23/ET/165) dated 13.02.2023; NIT No.B2/00198/2023 (TNCSC/22-23/ET/78) dated 10.02.2023; NIT No.B2/00808/2023 (TNCSC/22-23/ET/162) dated 13.02.2023 and NIT No.B3/000792/2023 (TNCSC/22-23/ET/153) dated 11.02.2023 and quash the same as illegal, arbitrary and non-est in law and consequently direct the respondents to issue fresh tender notification.

For the Petitioner in all WPs : Ms.Dhakshayani Reddy Senior Counsel for M/s.S.Suneetha For the Respondents in all WPs : Mr.P.S.Raman Senior Counsel assisted by Mr.C.Selvaraj Standing Counsel for respondent No.1 : Mr.M.K.Kabir Senior Counsel assisted by Mr.C.Selvaraj Standing Counsel for respondent No.2 COMMON ORDER (Order of the court was made by the Hon'ble Acting Chief Justice) This batch of writ petitions has been filed by R.Nathiyazhagan in public interest challenging the impugned e-tender notifications dated 10.02.2023, 11.02.2023 and 13.02.2023, respectively, issued by the first respondent-Tamil Nadu Civil Supplies Corporation for appointment of transport contractors for transportation of PTMGRNMP and ICDS Scheme within the districts as entrusted by Tamil Nadu Civil Supplies Corporation, as specified in the nature of

work for the period March 2023 to February 2025, to quash the same as illegal, arbitrary and non-est in law with a consequential direction to the respondents to issue fresh tender notification adhering to the Tamil Nadu Transparency in Tenders Act, 1988 and the Tamil Nadu Transparency in Tender Rules, 2000.

2. When these matters were taken up for hearing, Mr.P.S.Raman, learned Senior Counsel, and Mr.M.K.Kabir, learned Senior Counsel, assisted by Mr.C.Selvaraj, learned Standing Counsel appearing for respondents 1 and 2, submitted that since there was inadequate participation of tenderers in most of the districts due to the clauses such as minimum number of vehicles to be owned, compulsory registration of partnership firms etc., and considering the arguments advanced by learned Senior Counsel appearing for the petitioner, the respondents have already withdrawn the impugned e-tender notifications and are proceeding further to issue fresh e-tender notifications inviting all the eligible tenderers to take part afresh.

3. Recording the above statement, all these writ petitions are closed, as nothing survives for adjudication. There will be no order as to costs. Consequently, W.M.P.Nos.7579, 7591, 7581, 7587, 7586, 7592, 7573, 7574, 7553, 7554, 7561 and 7562 are closed. (T.R., ACJ.) (D.B.C., J.) 14.03.2023 Index :

Yes/No Yes/No bbr

To:

1.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Kallakurichi-606 202.

3.The Regional Manager, TNCSC, Thiruvannamalai-606 604.

4.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Nagapattinam-611 001.

5.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Namakkal District.

6.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Godown Complex, Krishnagiri.

7.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Semmandalam, Cuddalore-607 001.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr W.P.No.7477, 7494, 7481, 7488, 7485 and 7490 of 2023 14.03.2023