← Library
Madras High CourtWP/32408/2017dismissed as infructuous

Karthikeya Dall Producers v. The Tamilnadu Civil Supplies

2017-12-21Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.32408 of 2017 and WMP.No.35694 of 2017 Karthikeya Dall Producers Rep. by its partner Madala Ramanjaneyulu S/o.Madala Venkata Ramaiah ... Petitioner versus The Tamil Nadu Civil Supplies Corporation Rep. by its Managing Director No.12, Thambusamy Road, Kilpauk, Chennai-600 010.

...Respondent

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to receive the petitioner's tender papers along with EMD amount in respect of Tender notification Reference No.BS6/048995/2017 dated 07.11.2017 issued by the respondent and permit the petitioner to participate in the further tender proceedings in accordance with law.

For Petitioner : Mr.G.Mohanakrishnan For Respondent : Mr.S.T.S.Murthy Additional Advocate General asst. by Mr.L.P.Shanmugasundaram standing counsel

O R D E R

The petitioner seeks for mandamus directing the respondent to receive the petitioner's tender along with EMD in respect of the Tender notification dated 07.11.2017 and permit the petitioner to participate in the further tender proceedings in accordance with law.

2. This writ petition was filed before this Court on 08.12.2017 and the same was taken up for admission on 13.12.2017, on which day, the learned counsel for the petitioner was directed to serve papers on the learned standing counsel for the respondent Corporation. Accordingly, the matter is listed today, for further hearing.

3. Mr.S.T.S.Murthy, learned Additional Advocate General appearing for the respondent submitted that the prayer sought for in this writ petition has become infructuous, in view of the fact that the entire tender process is already over and the successful bidder has also been awarded the contract and that the contractor has also started supplying subject matter goods to the consumer as per the following details:- Tender Notification published on :

07.11.2017 Tender Closing date :

28.11.2017 11.00 A.M.

Opening date :

28.11.2017 11.30 A.M.

No. of participants - 4

1. Natural Food Products, Namakkal

2. Suvarnabhoomi Enterprises, Coimbatore.

3. Hitech Grain Processing Pvt. Ltd., New Delhi

4. The State Trading Corporation of India Ltd., Chennai. Not Eligible

1. Hitech Grain Processing Pvt. Ltd., New Delhi. Price bid opened on 29.11.2017.

Orders issued on 29.11.2017

1. Natural Food Products, Namakkal - 18,000 MTs.

2. The State Trading Corporation of India Ltd., Chennai-2,000 MTs.

SPECIAL P.D.S TAMIL NADU CIVIL SUPPLIES CORPORATION : HEAD OFFICE : CHENNAI-10 ARRIVALS OF SPL. PDS STOCK AS ON : 18.12.2017 DATED:19.12.2017 Qty Ordered (M.T) Qty Supplied Bala nce to be supp lied (M.T ) On the Day (M.T) Upto the Day (M.T) Tota l (M.T ) Tot al (M.

T) Che nna i (No rth ) Dat e of Ord er Chen nai (Sou th) Chen nai (Nor th) Chen nai (Sou th) Chenn ai (Nort h) Chen nai (Sou th) Name of the Party Time Limi t (1+2 ) (6+ 7) (38) Masoor Dal (Malka) (Date of Tender : 28.11.2017) Moved Qty Chennai Region (North & South)

Qty Ordered (M.T) Qty Supplied Bala nce to be supp lied (M.T ) On the Day (M.T) Upto the Day (M.T) Tota l (M.T ) Tot al (M.

T) Che nna i (No rth ) Dat e of Ord er Chen nai (Sou th) Chen nai (Nor th) Chen nai (Sou th) Chenn ai (Nort h) Chen nai (Sou th) Name of the Party Time Limi t (1+2 ) (6+ 7) (38) M/s.

Natura l Food Produc ts, Namakk al 29.

11.

23.1 2.20 12120 The State Tradin g Corpor ation of India Limite d 29.

11.

16.1 2.20 Total 14015

4. The learned counsel for the petitioner submitted that even though the present tender process is over, since the respondent Corporation is encouraging the syndicate created by the vested interest, thereby driving the persons like the petitioner to approach the Court challenging the tender process, such illegal practice should be put an end by this Court, by passing an appropriate order.

5. Needles to say that the above said allegations, even assuming to be true, have to be considered and decided only in an appropriate proceedings, seeking for appropriate relief. In this case, what is sought for by the petitioner is seeking for mandamus to accept his tender, when the fact remains that the tender process is already over and another third party was awarded the tender and therefore, it is for the petitioner to

work out his remedies in the manner known to law, by filing appropriate proceedings. The respondent Corporation is directed to furnish the details of the successful bidder to the petitioner within a period of seven days from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of, having become as infructuous, however, with liberty to the petitioner to move for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mk To The Tamil Nadu Civil Supplies Corporation Rep. by its Managing Director No.12, Thambusamy Road, Kilpauk, Chennai-600 010.

+1 CC to Mr.G. Mohana Krishnan, Advocate sr 91828. +1 CC to Mr.L.P. Shanmuga Sundaram, advocate sr 91909. W.P.No.32408 of 2017 SP(10/01/2018)