M/S. Spr And Co v. Tamil Nadu Civil Supplies Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.12715 of 2021 and W.M.P.Nos.13512 and 13515 of 2021 M/s.SPR and CO Represented by its Proprietrix S.Dhanalakshmi having office at No.41, (1st floor) Acharappan street Chennai-600 001. ... Petitioner Vs 1.Tamil Nadu Civil Supplies Corporation Represented by its Managing Director No.12, Thambusamy Road Kilpauk, Chennai-600 010.
2.The Chairman Tamil Nadu Civil Supplies Corporation No.12, Thambusamy Road Kilpauk, Chennai-600 010.
3.State of Tamil Nadu Represented by the Principal Secretary Co-operation Food and Consumer Protection Department St.George Fort, Chennai. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and dispose the petitioner's representation dated 11.06.2021 seeking to modify the tender conditions of a) requisite quality certification as stipulated in clause-3 of Pre-qualification Criteria of Tender document dated 09.06.2021 bearing No.BS6/018677/2021 by allowing the petitioner for supply of Canadian Yellow lentil and Urad dal in the capacity of "Traders" to participate in the E-tender proposed to be held on 16.06.2021 or any other date and also to modify the condition No.4 for supplying capacity of 4000 MT in a single contract into a multiple contract and consequently direct the respondents to fix uniform guideline with the modified
conditions pertaining to the tender conditions 3 and 4 in accordance with law.
For Petitioner :Mr.R.Rajaram For Respondents :Mr.R.Shanmugasundaram Advocate General Assisted by Mr.C.Munusamy
ORDER
This writ petition has been filed to issue a Mandamus directing the respondents to consider and dispose of the petitioner's representation dated 11.06.2021 seeking to modify the tender conditions namely, (i) requisite quality certification as stipulated in clause-3 of Pre-qualification Criteria of Tender document dated 09.06.2021 bearing No.BS6/018677/2021 by allowing the petitioner for supply of Canadian Yellow lentil and Urad dal in the capacity of "Traders" to participate in the E-tender proposed to be held on 16.06.2021 or any other date and (ii) condition No.4 for supplying capacity of 4000 MT in a single contract into a multiple contract and consequently direct the respondents to fix uniform guidelines with the modified conditions pertaining to the tender conditions 3 and 4 in accordance with law.
2.Today, when the matter was taken up for consideration, the learned counsel for the petitioner, after making some arguments, submitted that the claim of the petitioner be considered in the interest of all the participants for the future tender process. 3.The learned Advocate General appearing for the respondents, on the other hand, submitted that the tender process, which is the subject matter of the present writ petition, had already been completed and that, the petitioner did not participate in the same. However, he fairly submitted that the suggestions made by the petitioner would be considered by the respondent authorities for future tender process. 4.Recording the submissions so made by the learned counsel on either side, this writ petition stands closed. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
kj To
1. The Managing Director, Tamil Nadu Civil Supplies Corporation,, No.12, Thambusamy Road, Kilpauk, Chennai-600 010.
2.The Chairman, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-600 010.
3.The Principal Secretary, State of Tamil Nadu, Co-operation Food and Consumer, Protection Department, St.George Fort, Chennai.
+1cc to M/s.R.Rajaram, Advocate Sr.28888 W.P.No.12715 of 2021 and W.M.P.Nos.13512 and 13515 of 2021 pch[co] srg 23/07/2021