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Madras High CourtWP/10499/2019disposed of

Ramakrishna Poultry Farm v. Director Cum Mission Director

2019-04-15Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P. Nos.10499, 10504, 10508 & 10510 of 2019 W.P. No.10499 of 2019 Ramakrishna Poultry Farm Rep by its Proprietor K.Ramakrishnan Malayamman Bus Service 79, Main Road Thalavapalayam - 639 113 Karur District.

...Petitioner

Vs.

refund the Earnest Money Deposits (EMD) of Rs.41,00,000/- and Rs.42,00,000/- made by way of demand draft dated 03.09.2018 in D.D. Nos. 093545 and 093546 deposited in Tender No.Roc.20304 / NMP/2018 dated 20.08.2018, based on the representation of the petitioner dated 07.03.2019.

For Petitioner : Mr.S.Senthil For Respondents: Mr.E.Balamurugan W.P. No.10504 of 2019 Ponni Feeds Rep by its Managing Partner K.Singaraj Ponni Plaza, 114-B, Paramathi Road Namakkal - 637 001.

...Petitioner

Vs.

refund the Earnest Money Deposit (EMD) of Rs.43,00,000/- made by way of demand draft dated 03.09.2018 in D.D. No. 013284 deposited in Tender No.Roc.20304 /NMP/2018 dated 20.08.2018, based on the representation of the petitioner dated 02.03.2019. For Petitioner : Mr.S.Senthil For Respondents : Mr.E.Balamurugan W.P. No.10508 of 2019 Rasi Foods Rep by its Partner K.Vijayakumar 777 B-3, 3rd Floor Kaveri Plaza, Ponnagar Salem Road, Namakkal 637 001.

...Petitioner

Vs.

refund the Earnest Money Deposit (EMD) of Rs.37,00,000/- made by way of demand draft dated 31.08.2018 in D.D. No.120530 deposited in Tender No. Roc.20304 /NMP/2018 dated 20.08.2018, based on the representation of the petitioner dated 07.03.2019. For Petitioner : Mr.S.Senthil For Respondents : Mr.E.Balamurugan W.P. No.10510 of 2019 Rajam Poultry Farm Rep by its Proprietor Saravanakumar Beemanaickkanur Kalichettypatty Puthukottai (Post) Namakkal (Tk & Dt) - 637 013.

...Petitioner

Vs.

refund the Earnest Money Deposit (EMD) of Rs.37,00,000/- made by way of demand draft dated 31.08.2018 in D.D. No. 014860 deposited in Tender No.Roc.20304 /NMP/2018 dated 20.08.2018, based on the representation of the petitioner dated 07.03.2019. For Petitioner : Mr.S.Senthil For Respondents : Mr.E.Balamurugan C O M M O N O R D E R In all these writ petitions the respective writ petitioners seek for Mandamus directing the respondent to refund Earnest Money Deposit deposited in respect of the subject matter of the Tender referred to in each writ petitions.

2.It is stated that the petitioners participated in the subject matter of the tender floated by the respondent and paid the Earnest Money Deposits required in each tender. 3.It is further stated that those tenders floated by the respondent were subsequently quashed by this Court in a writ petition filed in W.P. No. 22878 of 2018 etc. batch dated 21.02.2019. Therefore, the petitioners seek for refunding of the Earnest Money Deposits Deposited by them in each case. Ventilating such grounds the respective petitioners have made representations dated 02.03.2019 and 07.03.2019. The grievances of the writ petitioner is that the said representations have not been considered so far.

4.The learned Government Advocate appearing for the respondent based on the instructions submitted that the representations of the writ petitioners will be considered and appropriate orders will be passed .

5.Considering the above said facts and circumstances of the case, these writ petitions are disposed of by directing the respondent to consider the representations of the petitioners

and pass appropriate orders within a period of four(4) weeks. No costs.

maya Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Director cum Mission Director Taramani, Chennai - 600 113.

+4cc to Mr.S.Senthil, Advocate, SR.No.37876 to 37879 +1cc to the Govt.Pleader, Vide Sr.No.37729 W.P. Nos. 10499, 10504, 10508 and 10510 of 2019 Kak(24/04/2019)