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Madras High CourtWP/4676/2015disposed of

Federation Of Cable Tv v. Managing Director

2021-09-21Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.4676 & 4412 of 2015 and M.P.Nos.1,1,2 & 2 of 2015 W.P.No.4676 of 2015 Federation of Cable TV Association of Tamilnadu, Rep.by its Chief Cordinator, H.D.No.2, GST Road, Guindy, Chennai - 600 016.

...Petitioner

Vs Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., ... Respondent PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent Tender No.TACTV/Local Channels/1/2015 dated 31.01.2015 in so far as clause 2.12 of the tender notification and quash the same as illegal, arbitrary, unreasonable, unconstitutional and non est. in law and consequently, direct the respondent to invite tenders as per the provisions of Tamil Nadu Transparency in Tenders Act, 1998 in order promote healthy competition and fair and equitable treatment of all tenderers.

For Petitioner :

Mr.S.Arivazhagan For Respondent :

Mr.Abdul Saleem W.P.No.4412 of 2015 Syedh Apzar

...Petitioner

Vs

1.The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., 2.Tamil Nadu Arasu Cable TV Corporation Ltd., 3.The Secretary to Government, Ministry of Information & Broadcasting, Shastri Bhawan, New Delhi - 110 001.

(R-3 impleaded as per orders dated 24.02.2015 in M.P.Nos.3 & 4 of 2015 in W.P.No.4412/2015) ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the respondents pertaining to Tender No.TACTV/Local Channels/1/2015 dated 31.01.2015 and 04.02.2015 issued by the 1st respondent and to quash the same as illegal and contrary to law.

For Petitioner :

Mr.Adithya Raj For M/s.P.Wilson Associates For Respondent :

Mr.Abdul Saleem [For R1 & R2] R3 - No appearance COMMON ORDER The Tender cum Auction Notification issued by Tamil Nadu Arasu Cable TV Corporation Limited on 31.01.2015 is under challenge in the writ petitions and more specifically, clause 2.12 of the tender notification.

2. In view of the fact that the Tender Notification, which is under challenge, was issued in the year 2015 and the tender auction and its procedures were concluded in the year 2015 itself. Thus, the grounds raised in the present writ petitions lost its relevance and if at all, the petitioners wishes to participate, they are at liberty to participate in the forthcoming tender cum auction Notification, if any to be issued by the respondents. However, no relief can be granted in these writ petitions.

3. Accordingly, both the writ petitions stand dismissed. No costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak To 1.Tamil Nadu Arasu Cable TV Corporation Ltd., 2.The Secretary to Government, Ministry of Information & Broadcasting, Shastri Bhawan, New Delhi - 110 001.

+2ccs to M/s.Abdul Saleem, Advocate Sr Nos.48298, 48299 +1cc to M/s.P.Wilson Associates, Sr No.49130 W.P.Nos.4676 & 4412 of 2015 SPD (CO) PR (13/10/2021)