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Madras High CourtWP/24066/2015disposed of

D.Balamurugan v. Tamilnadu State Marketing

2015-08-10Honourable Mr Justice R. Mahadevan12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP.Nos.24066 to 24084, 24478, 24479, 24561 to 24574, 23626 to 23632, 23765, 23908 to 23911, 23972 to 23976, 23912 to 23916, 23917 to 23922, 23834 to 23846, 23848 to 23857, 24135 to 24150, 24215, 24237, 24412, 24423 of 2015 MP.Nos.1 to 1, 2 to 2 and 3 to 3 of 2015

1. D.Balamurugan Petitioner-WP.24066/2015

2. S.Punniyakoti Petitioner-WP.24067/2015

3. A.Janarthanan Petitioner-WP.24068/2015

4. V.Kumar Petitioner-WP.24069/2015

5. V.M.Baskar Petitioner-WP.24070/2015

6. V.Senthura Pandi Petitioner-WP.24071/2015

7. M.Gandhi Petitioner-WP.24072/2015

8. V.Senthura Pandi Petitioner-WP.24073/2015

9. R.Balasundaram Petitioner-WP.24074/2015 10.G.Sivakumar Petitioner-WP.24075/2015 11.S.Prabu Petitioner-WP.24076/2015 12.S.Umapathy Petitioner-WP.24077/2015 13.S.Murugan Petitioner-WP.24078/2015 14.P.Saravanan Petitioner-WP.24079/2015 15.M.Moorthy Petitioner-WP.24080/2015 16.S.Balaji Petitioner-WP.24081/2015 17.K.Bharathi Petitioner-WP.24082/2015 18.E.Vasudevan Petitioner-WP.24083/2015 19.M.Gandhi Petitioner-WP.24084/2015 20.Maragadavalli Petitioner-WP.24478/2015 21.V.Suresh Petitioner-WP.24479/2015 22.P.Madasamy Petitioner-WP.24561/2015 23.S.Anantharamakrishnan Petitioner-WP.24562/2015 24.K.Ravi Petitioner-WP.24563/2015 25.K.Masilamani Petitioner-WP.24564/2015 26.C.Satheesh Kannan Petitioner-WP.24565/2015 27.S.Durgai Raj Petitioner-WP.24566/2015 28.M.Mohamed Mustafa Petitioner-WP.24567/2015 29.S.Murugan Petitioner-WP.24568/2015 30.R.Vinoth Kumar Petitioner-WP.24569/2015 31.S.Bala Petitioner-WP.24570/2015

32.K.Kumar Petitioner-WP.24571/2015 33.P.Krishnan Petitioner-WP.24572/2015 34.J.Ashok Petitioner-WP.24573/2015 35.J.Ramu Petitioner-WP.24574/2015 36.M.Vadivel Petitioner-WP.23626/2015 37.D.Perumal Petitioner-WP.23627/2015 38.S.Krishnaraj Petitioner-WP.23628/2015 39.R.Vijesh Petitioner-WP.23629/2015 40.R.Annamalai Petitioner-WP.23630/2015 41.A.Arokiasamy Petitioner-WP.23631/2015 42.R.Nityanandam Petitioner-WP.23632/2015 43.M.Murugesan Petitioner-WP.23765/2015 44.M.Balamurugan Petitioner-WP.23908/2015 45.S.Ettiyappan Petitioner-WP.23909/2015 46.M.Raja Petitioner-WP.23910/2015 47.S.Rajasekar Petitioner-WP.23911/2015 48.T.Baskaran Petitioner-WP.23972/2015 49.N.Anbazhagan Petitioner-WP.23973/2015 50.R.Murthy Petitioner-WP.23974/2015 51.D.Babu Petitioner-WP.23975/2015 52.D.Babu Petitioner-WP.23976/2015 53.J.Murali Petitioner-WP.23912/2015 54.M.

Regugopal Petitioner-WP.23913/2015 55.G.Suresh Petitioner-WP.23914/2015 56.R.Rajamani Petitioner-WP.23915/2015 57.N.Thirunavukkarasu Petitioner-WP.23916/2015 58.P.Jayaraj Petitioner-WP.23917/2015 59.G.Balasubramaniam Petitioner-WP.23918/2015 60.M.Vairavan Petitioner-WP.23919/2015 61.A.Balamurugan Petitioner-WP.23920/2015 62.D.Saravanakumar Petitioner-WP.23921/2015 63.V.Selvam Petitioner-WP.23922/2015 64.K.Chandra Sekaran Petitioner-WP.23834/2015 65.M.Baskar Petitioner-WP.23835/2015 66.M.Raja Petitioner-WP.23836/2015 67.E.Sankar Petitioner-WP.23837/2015 68.K.Sekar Petitioner-WP.23838/2015 69.M.Kumar Petitioner-WP.23839/2015 70.R.Sudharsan Petitioner-WP.23840/2015 71.R.Dhanraj Petitioner-WP.

72.K.Kumaresan Petitioner-WP.23842/2015 73.G.Selvi Petitioner-WP.23843/2015 74.K.Kumar Petitioner-WP.23844/2015 75.G.Vijaykumar Petitioner-WP.23845/2015 76.A.Saranraj Petitioner-WP.23846/2015 77.T.R.Mohan Petitioner-WP.23848/2015 78.A.Srinivasan Petitioner-WP.23849/2015 79.K.Kumaresan Petitioner-WP.23850/2015 80.S.Vasu Petitioner-WP.23851/2015 81.G.Rajendran Petitioner-WP.23852/2015 82.S.Raju Petitioner-WP.23853/2015 83.G.Janakar Petitioner-WP.23854/2015 84.B.Rajasekaran Petitioner-WP.23855/2015 85.S.Amul Raj Petitioner-WP.23856/2015 86.R.Navaneethakrishna Petitioner-WP.23857/2015 87.P.Dhamodaran Petitioner-WP.24135/2015 88.S.R.Kandhappa Raman Petitioner-WP.24136/2015 89.G.Senthil Petitioner-WP.24137/2015 90.P.Dhamodaran Petitioner-WP.24138/2015 91.V.Ramarathinam Petitioner-WP.24139/2015 92.P.Somasundara Rao Petitioner-WP.24140/2015 93.V.

Nirmala Devi Petitioner-WP.24141/2015 94.B.Thangamariappan Petitioner-WP.24142/2015 95.P.Rajendran Petitioner-WP.24143/2015 96.A.Elavarasan Petitioner-WP.24144/2015 97.R.Muthuraj Petitioner-WP.24145/2015 98.C.Nanthakumar Petitioner-WP.24146/2015 99.R.Sathish Kumar Petitioner-WP.24147/2015 100.C.Kennady Petitioner-WP.24148/2015 101.R.Sankar Petitioner-WP.24149/2015 102.G.Krishnamoorthy Petitioner-WP.24150/2015 103.M.Chandran Petitioner-WP.24215/2015 104.M.Kanagaraj Petitioner-WP.24237/2015 105.M.Venkatesan Petitioner-WP.24412/2015 106.K.M.Samy Petitioner-WP.

1. Tamil Nadu State Marketing Corporation Limited by its Managing Director, Chennai-8

2. Tamil Nadu State Marketing Corporation Limited by the Senior Regional Manager, Chennai-2

3. Tamil Nadu State Marketing Corporation Limited by District Manager, Thiruvallur 602103 Respondents in all WPs Prayer:- These Writ Petitions are filed under Article 226 of the Constitution of India, for the reliefs as stated therein.

For Petitioners :

1. Mr.M.Saravanakumar (WP.Nos.24066 to 24084, 24478, 24479, 24561 to 24574 of 2015)

2. Mr.A.R.L.Sundaresan, SC for Mr.P.Rajkumar Pandian (WP.Nos.23626 to 23632, 24237 of 2015)

3. Mr.SP.Srinivasan (WP.Nos. 23765, 23834 to 23846, 23848 to 23857, 24412 of 2015)

4. Mr.R.Thirugnanam (WP.Nos. 23908 to 23911, 23972 to 23976, 23912 to 23916, 23917 to 23922, 24423 of 2015)

5. Mr.L.Chandrakumar (WP.Nos.24135 to 24150, 24215 of 2015) For Respondents :

1. Mr.S.Muthuraj-TASMAC (WP.Nos.24066 to 24084, 24478, 24479, 24561 to 24574 of 2015)

2. Mr.Aravind Pandian, AAG for Mr.S.Muthuraj-TASMAC (WP.Nos.23626 to 23632, 24237 of 2015)

3. Mr.S.Muthuraj-TASMAC (WP.Nos. 23765, 23834 to 23846, 23848 to 23857, 24412 of 2015)

4. Mr.S.Muthuraj-TASMAC (WP.Nos. 23908 to 23911, 23972 to 23976, 23912 to 23916, 23917 to 23922, 24423 of 2015)

5. Mr.S.Muthuraj-TASMAC (WP.Nos.24135 to 24150, 24215 of 2015)

ORDER

These Writ Petitions are filed to issue a Writ of Mandamus as well as Writ of Certiorarified Mandamus, directing the respondent/the District Manager, TASMAC, Tiruvallur District, to conduct re-tender in respect of the Petitioners' Bars attached to the TASMAC Wine Shops bearing Numbers, as mentioned below:-

1. No.9062 at No.37/1, Koil Padhagai Mukkiya Salai, Avadi, Chennai,

2. No.8723 at No.147, Solambedu, Thirumullaivoyal, Ambattur, Chennai-62,

3. No.8727, at Nagamammai Nagar, Opp. Murugappa Polytechnic, Thirumullaivoyal, Chennai,

4. No.8780 at No.8/1, Siva Sakthi Nagar, 60 Feet Road, Devi Nagar, Thirumullaivoyal, Chennai,

5. No.8726 at No.481-1, CTH Road, Thirumullaivoyal,Chennai-62,

6. No.9065 at No.3, Paruthipattu, Poonamallee Taluk, Chennai-54,

7. No.8910 at No.34, CTH Road, Ambattur, chennai-53,

8. No.8903 at No.186, Red Hills Road, Pudhur, Ambattur, Chennai-53

9. No.8918 at No.78/111, Pudur I Main Road, Ambattur, Chennai-53 10.No.9086 at No.393, CTH Road, Pattabiram, Chennai-72 11.No.8916 at No.3, Red Hills, Pudhur, Ambattur, Chennai-53 12.No.8908 at MTH Road, Ambattur, Chennai-53 13.No.8719 at Kannigapuram, NM Road, Avadi, Chennai-54 14.No.8717 at No.15, CTH Road, Thirumullaivoyal, Chennai-62 15.No.8779 at No.48, Vasantham Nagar, PH Road, Avadi, Chennai-54 16.No.8925 at No.545, CTH Road, Pattabiram, Chennai-72 17.No.9056 at No.49, HVF Road, Avadi, Chennai-54 18.No.8777 at No.8, Lakshmi Nagar, PH Road, Chennai-54 19.No.9030 at No.560, CTG Road, Pattabiram, Thiruvallur 20.No.8737 at No.352, CTH Road, Thirunindravur, Thiruvallur 21.No.8731 at No.40, Kamaraj Nagar Main Road, Paruthipattu, Avadi, Chennai 22.No.8773 at No.142, PH Road, Avadi, Chennai 23.No.9182 at No.187/10, Thangal Kulakkarai, Pudur, Ambattur, Chennai 24.No.8920 at Red Hills road, Ambattur, Chennai-53 25.No.9168 at No.13/110, Devi Karumari Amman Nagar, Nerkundram

Road, Mettukuppam, Chennai-107 26.No.8713 at Railway Station Road, Avadi, Chennai 27.No.8724 at No.287/1, CTH Road, Avadi, Chennai 28.No.8923 at No.493, CTH Road, Sekkadu, Pattabiram, Chennai-72 29.No.8719 at Kannigapuram, NM Road, Avadi, Chennai-54 30.No.8797 at No.14, Athipattu Main Road, Ambattur, Chennai-53 31.No.9142, at No.1, HVF Road, Avadi, Chennai-54 32.No.8795 at No.307, MTH Road, Ambattur, Chennai-53 33.No.8774 at No.346, CTH Road, Pattabiram, Chennai 34.No.8929 at No.25, New Kanniamman Nagar, Veerapuram, Avadi, Chennai-55 35.No.8720 at No.140, Kamarajar Salai, Avadi, Chennai-54 36.No.9181 at No.24, Indira Nagar, Sivaboothamedeu, Vanagaram, Chennai-106 37.No.8796 at No.5/1, Annai Nagar, 100 Feet Road, Korattur, Chennai38.No.8705 at No.87, PH Road, Avadi, Chennai-54 39.No.8730 at No.

29, Chetty Street, Kundrathur road, Kumananchavadi, Chennai-56 40.No.9146 at No.1, Alapakkam Main Road, Maduravoyal, Chennai41.No.8845 at Plot No.8, Mogappair Road, Ambattur, Chennai-58 42.No.9059 at No.2/3, Kuppusamy Nagar, Senneerkuppam, Poonamalee, Chennai-56 43.No.8912 at No.164, MTH Road, Varadarajapuram, Chennai-53 44.No.8906 at No.87, Mounasamy Madam Street, Ambattur, Chennai45.No.9186 at No.215, Justice Rathinavel Pandiyan Street, Nerkundram, Chennai 46.No.8905 at Door No.413, MTH Road, Ambattur, Chennai-53 47.No.9064 at No.278/1, Surya Garden, Poonamallee High Road, Kattupakkam, chennai-56 48.No.8886 at No.PC/3-21, Mogappair West, Chennai-37 49.No.8890 at No.82, MTH Road, Mannoorpet, Padi, Chennai-50 50.No.8911, at No.112, Gandhi Nagar Main Road, Oragadam, Ambattur, Chennai 51.No.8907 at No.

21, Sivananda Nagar, MTH Road, Ambattur, Chennai-53 52.No.8794 at No.187/198, MTH Road, Devar Thottam, Padi, Chennai53.No.9169 at No.

54.No.8798 at No.10, Padikuppam Main Road, Gandhi Nagar, Chennai-40 55.No.8909 at No.169, Venkatapuram, Ambattur, Chennai-53 56.No.8898 at No.25, Shanthi Nagar, II Main Road, Korattur, Chennai57.No.8851 at Door No.100, Alapakkam Main Road, Alapakkam, Chennai-116 58.No.8885 at No.160, Red Hills Road, Puthur, Ambattur, Chennai-53 59.No.8894 at No.81, Tiruvallur Salai, Panneer Nagar, Mogappair, chennai-50 60.No.8927 at 332/3, Alapakkam Main road, Maduravoyal, Chennai-95 61.No.9006, at No.675, CTH Road, Mannoorpet, Chennai-50 62.No.8837, No.42, MH Road, Moolakadai, Chennai-60 63.No.8769 at No.1, Meenakshi Amman Nagar, Mettukuppam Main Road, Nerkundram, Chennai-87 64.No.9178 65.No.8930 66.No.8771 67.No.9035 68.No.8867 69.No.8792 70.No.8864 71.No.9060 72.No.9008 73.No.8785 74.No.8852 75.No.8799 76.No.9154 77.No.8828 78.No.8701 79.No.9131 80.No.8833 81.No.8859 82.No.9187 83.No.8921 84.No.8836 85.No.8865 86.No.8884 87.No.8933 at No.34, 200 feet road, MTH Salai, Ambattur, Chennai-53 88.No.8935 at No.594/3, Plot No.78, Bank of Baroda Street, Ambattur, Chennai

89.No.8914 at No.9, Venkatramalu Street, Varadharajapuram, Ambattur, Chennai-53 90.No.8901 at No.35, MTH Road, Varadharajapuram, Ambattur, Chennai-53 91.No.8803 at No.865, TH Road, Tiruvottiyur, Chennai-19 92.No.8805 at No.240, TH Road, Ellaiamman Koil Street, Tiruvottiyur, Chennai 93.No.8808 at No.703, TH Road, Tiruvottiyur, Chennai-19 94.No.8809 at No.44, Tulukkanam Street, TH Road, Tiruvottiyur, Chennai 95.No.8810 at No.22, Besant Road, Tiruvottiyur, Chennai-19 96.No.8812, at No.56, TH Road, Kaladipet, Tiruvottiyur, Chennai-19 97.No.8816 at No.19, South Mada Street, Ellaiamman Koil, Tiruvottiyur, Chennai-19 98.No.8818, at No.310, Eakavlliamman Koil Street, Tiruvottiyur, Chennai 99.No.8819 at No.16, Rajiv Gandhi Nagar, Whimco Nagar, Chennai-19 100.No.8820 at No.19, Kanakkar Street, Tiruvottiyur, Chennai-19 101.No.8840 at No.

640/3, PNT Quarters Road, Tiruvottiyur, Chennai102.No.8938 at No.179, TH Road, Tiruvottiyur, Chennai-19 103.No.9173 at No.1/23, Subramaniyam Nagar, Manali, Tiruvottiyur, Chennai-19 104.No.8708 at No.19, Alapakkam Main Road, Maduravoyil, Chennai105.No.8932 106.No.9025 at No.31, North Park Street, Venkatapuram, Ambattur OT, Chennai-53, respectively In some of the Writ Petitions, the prayers are to consider the representations of the petitioners, dated 28.07.2015 and 29.07.2015.

2. The common grounds and submissions in these Writ Petitions are that the retail trade in Indian Made Foreign Liquor (IMFL) is being carried on by the Respondent Corporation in the State of Tamil Nadu; that attached to the IMFL Wine Shops, the Respondent Corporation runs Bars by getting license for the same; that the right to collect empty bottles and the right to sell eatables in

the Bars is granted by way of license by the Respondent Corporation; that Condition No.2 of the tender conditions deals with fixation of license fee; that as per the said condition, the upset price can either be 2.5% of the average monthly sales during the previous years plus 10% or the monthly average of the bid amount of the previous years, whichever is higher; that there are more than 200 TASMAC Wine Shops in the Thiruvallur District; that since the respondents arbitrarily fixed the Upset Price for the Bars attached to the said Shops for the year 2015-2016, nobody have participated in the Tender and got license; that there are many number of Bars attached to the TASMAC Shops, now running without Bar Licence from 01.08.

2015; that due to arbitrary fixation of Upset Price, the Petitioners are facing financial crisis; that the District Manager, TASMAC, Tiruvallur District had called for Tenders for the year 2015-2016 and the same was published in the Daily Newspaper "Makkal Kural"on 10.07.2015, calling for tenders to be submitted from 10.00 a.m. to 3.00 p.m. from 10.07.2015 to 26.07.2015 so as to open on 27.07.2015 at 2.30 p.m., but however, the Tender Forms were not furnished to the Petitioners and hence, the Petitioners were unable to participate in the tender auction on 27.07.2015; that the Upset Price fixed by the respondents is exorbitant and over and above 2.

5% stipulated in the tender conditions; that the petitioners requested the respondents to fix the Upset Price as per the last year fixation; that without giving the Tender Documents to the Petitioners, the respondents decided to proceed with the Tender on 27.07.

fixing the Upset Price for the Bar is arbitrary and against the principles of natural justice and therefore, these Writ Petitions have been filed for the reliefs, as stated therein.

3. This Court heard the learned counsel on either side at length and considered their rival submissions and the materials on record.

4. The challenge in all these Writ Petitions is related to the Tender/ Auction for the Bars attached to the Shops held on 27.07.2015. The Petitioners did not participate in the Tender/Auction for the reason that the Upset Price fixed by the Respondents is exorbitant. After due notice, the learned Additional Advocate General has submitted that new Tender/Auction is scheduled to be conducted, preferably, on 24.08.2015 or on or before 01.09.2015, in which the Petitioners can also participate. Hence, all these Writ Petitions are taken up for final disposal and the following orders/directions are passed:-

1. It is open to the Petitioners to participate in the Tender/ Auction, which is scheduled to be held on 24.08.2015 or at a later date. The Respondents are directed to give sufficient time to submit Tender Applications.

2. Pending the completion of the Tender/Auction, the existing Bar Licence Holders are permitted to operate their respective Bars, attached to the TASMAC Shops.

3. The Petitioners are directed to pay the existing licence amount proportionately for the number of days to continue the operation of Bars, well in advance i.e. on or before 12.8.2015 by 5.30 p.m. for the period from 11.8.2015 to 31.8.2015.

4. Subject to the above conditions, the Petitioners are permitted to operate their Respective Bars attached to the TASMAC Shops as stated above.

5. In case of any non-compliance of the conditions as stated above, the Respondents are at liberty to take appropriate

action to close the Bars.

6. This Order is applicable only to the Petitioners herein, who make the payment as stated above.

5. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected MPs are closed. 10.08.2015 Index:Yes/No Web:Yes/No Srcm Note to Office:- Issue on 11.08.2015 To:

1. Tamil Nadu State Marketing Corporation Limited by its Managing Director, Chennai-8

2. Tamil Nadu State Marketing Corporation Limited by the Senior Regional Manager, Chennai-2

3. Tamil Nadu State Marketing Corporation Limited by District Manager, Thiruvallur 602103

R.MAHADEVAN, J.

Srcm WP.Nos.24066 to 24084, 24478, 24479, 24561 to 24574, 23626 to 23632, 23765, 23908 to 23911, 23972 to 23976, 23912 to 23916, 23917 to 23922, 23834 to 23846, 23848 to 23857, 24135 to 24150, 24215, 24237, 24412, 24423 of 2015 10.08.2015