S.Murugan v. Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.8.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.23847/2015 and M.P.Nos.1, 2 and 3 of 2015 S.Murugan .... Petitioner Vs 1 Managing Director (TASMAC) CMDA Towers 4th Floor Egmore Chennai-600 008.

2 Senior Regional Manager (TASMAC) CMDA Towers 4th Floor Egmore Chennai-600 008.

3 District Manager (TASMAC) No.1 Bangalore High Road Chembarambakkam Tiruvellore (East) ...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue writ of certiorarified mandamus calling for the records pertaining to tender notification No. se/ma/tho/e/ 3232/tender 2015 dated 10.07.2015 issued by the 3rd respondent and published in Makkal Kural News Paper calling for tenders to be submitted on 27.07.2015 before 2.00 p.m. and quash the same on the ground of it being arbitrary irrational , illegal and violative of Article 21 of the Constitution of India Violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules 2000 and consequently direct the respondents to refix the upset price for shop No.8882 and permit the petitioner to run the said shop by paying the existing amount of Rs.2 05 560.00 till the refixation of upset price. For Petitioner :Mr.SP.Srinivasan For Respondents :Mr.S.Muthuraj for TASMAC

ORDER

The writ petition is filed for the issuance of a writ of certiorarified mandamus calling for the records pertaining to tender notification No. se/ma/tho/e/3232/tender 2015 dated 10.07.2015 issued by the 3rd respondent and published in Makkal Kural News Paper calling for tenders to be submitted on 27.07.2015 before 2.00 p.m. and quash the same on the ground of it being arbitrary irrational , illegal and violative of Article 21 of the Constitution of India Violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules 2000 and consequently direct the respondents to refix the upset price for shop No.8882 and permit the petitioner to run the said shop by paying the existing amount of Rs.2 05 560.00 till the refixation of upset price.

2. Fixing of upset price by proceedings dated 27.7.2015 has not taken place and the Government has proposed to conduct fresh auction.

3. Hence, the Writ petition is dismissed as infructuous. However, it is open to the petitioner to participate in the subsequent auction. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CSIII) dt:08/09/2015 True Copy Sub-Assistant Registrar Kua To 1 Managing Director (TASMAC) CMDA Towers 4th Floor Egmore Chennai-600 008.

2 Senior Regional Manager (TASMAC) CMDA Towers 4th Floor Egmore Chennai-600 008.

3 District Manager (TASMAC) No.1 Bangalore High Road Chembarambakkam Tiruvellore (East).

+1 cc to M/s.SP.Srinivasan Advocate sr.43936 W.P.No.23847/2015 aa09/09/2015