J.Madhanraj v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.12518 & 12520 of 2024 J.Madhanraj ... Petitioner Vs.

1.The Principal Secretary To Government, Tourism, Culture, Religious Endowments and Chairman, Tamilnadu Tourism Development Corporation, Fort St. George, Secretariat, Chennai-600 009.

2.The Managing Director Tamil Nadu Tourism Development Corporation, No.2, Wallajah Salai, Chennai-600 002.

3.The General Manager, Tamil Nadu Tourism Development Corporation, No.2 Wallajah Salai, Chennai-600 002.

4.The Fair Manager, TTDC Fair Administrative Office, No.4 Kamarajar Salai, Island Grounds, Opp to War Memorial, Chennai-600 009.

5.M/S.Mishri Medipoint Pvt., Ltd., Old No.2, Old No.7B, 1st Main Road, 1/6

Dhandeeswaram Nagar, Velachery, Chennai-600 042.

6.M/S.Asian Books And Stationers, No.197 NSC Bose Road, Chennai-600 001.

7.M/S.Dj Amusements, X/161, Chathankandath House, Mankara, Palakkad, Kerala-678 614.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to recall the E-Tender Notification bearing No.34/FS/ 2024 dated 11.03.2024 for conduct of Summer Fair 2024 at Island grounds for a period of 40 days by disqualifying the 5th to 7th respondents who are ineligible to participate in the E-Tender vide Tender Notification bearing No.34/FS/ 2024 dated 11.03.2024 and consequently direct the respondents 1-4 to allow the provisions laid down in the Tamilnadu transparency in Tenders Act, 1998 and The Tamilnadu Transparency in Tender Rules, 2000 and previous orders of this Honourable Court.

For Petitioner : Mr.M.Vijaya Anand For Respondents : Mr.K.Surendran, AGP [R.1] : Mr.R.Neelakandan, AAG Assisted by Mrs.P.Kasthuri [R.2 and R.3] : No appearance [R.4 to R.7] 2/6

O R D E R

The writ of Mandamus has been instituted to direct 2nd respondent to recall the E-Tender Notification bearing No.34/FS/ 2024, dated 11.03.2024, for conduct of Summer Fair 2024 at Island grounds for a period of 40 days by disqualifying the 5th to 7th respondents who are ineligible to participate in the E-Tender vide Tender Notification bearing No.34/FS/ 2024 dated 11.03.2024 and consequently, direct the respondents 1-4 to allow the provisions laid down in the Tamil Nadu transparency in Tenders Act, 1998, and The Tamil ,Nadu Transparency in Tender Rules, 2000 and previous orders of this Honourable Court.

2. Admittedly, the petitioner is not a bidder with reference to the Etender notification dated 11.03.2024. The petitioner, not being a bidder, cannot be construed as an aggrieved person for the purpose of considering the relief. However, the respondents in their counter would state that the Etender process will be conducted by strictly following the terms and conditions stipulated in the notification and in accordance with law.

3. In view of the said submission, the relief as such sought for in the 3/6

present writ petition cannot be granted. More so, the petitioner is not an aggrieved person.

4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (sha) 30.04.2024 Index : Yes Speaking Order 4/6

To 1.The Principal Secretary To Government, Tourism, Culture, Religious Endowments and Chairman, Tamilnadu Tourism Development Corporation, Fort St. George, Secretariat, Chennai-600 009.

2.The Managing Director Tamil Nadu Tourism Development Corporation, No.2, Wallajah Salai, Chennai-600 002.

3.The General Manager, Tamil Nadu Tourism Development Corporation, No.2 Wallajah Salai, Chennai-600 002.

4.The Fair Manager, TTDC Fair Administrative Office, No.4 Kamarajar Salai, Island Grounds, Opp to War Memorial, Chennai-600 009.

5/6

S.M.SUBRAMANIAM . J., (sha) and W.M.P.Nos.12518 & 12520 of 2024 30.04.2024 6/6