← Library
Madras High CourtWP/14931/2021dismissed

G.Thiruvengadam v. The Secretary

2021-08-05Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.14931 of 2021 and WMP No.15802 of 2021 Mr.G.Thiruvengadam Proprietor, Sri Lakshmi Road Lines, S/o.Mr.Govindaraj, Plot No.MC-1, Block No.3, (Opp.4/1), Mogappair East, Chennai 600 037.

..Petitioner .Vs.

1. The Secretary, Milk and Dairy Development Secretariat Namakkal Kavignar Maaligai, Fort St.George, Chennai 600 009.

2. The Managing Director, Co-operative Milk Producers Federation Aavin Illam, Madhavaram Milk Colony, Chennai 600 051.

3. The Deputy General Manager, Transport, Transport Unit, Aavin, Madhavaram Milk Colony, Chennai 600 005.

4. The Transport Commissioner, Ezhilagam, 2nd Floor, Walaja Road, Chepauk, Chennai 600 005.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents for disqualifying the vehicles which are underweight and remove them from the selection list in pursuant to Tender Notice Reference Dated 05.11.2020 Vide Reference No.11730/Proj.2/2020 and to select the qualified vehicles.

For Petitioner: Mr.G.Sathish Kumar For Respondents: Mr.U.Baranidharan Government Advoate for R 1 & R 4 Mr.Ilambarithi for R 2 & R 3

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner wherein, the petitioner is seeking for disqualification of the vehicles which are underweight and to remove them from the list. 2.It is seen from records the petitioner has participated in the tender that was called for by the respondents and he has also submitted his bid. The grievance of the petitioner is that the vehicles will have to satisfy certain requirements and that the respondents are entertaining vehicles which are underweight and which are not suitable. Therefore, the petitioner has made a representation and has sought for disqualifying such vehicles. 3.

In the considered view of this Court, the respondents are aware as to which vehicles will have to be qualified for the purpose of carrying the milk to various places. This Court cannot exercise its jurisdiction under Article 226 of the Constitution of India and interfere into such administrative matters. It is not known as to why the petitioner has rushed to this Court after participating in the tender process. According to the learned counsel for the petitioner, the tender is yet to be finalised and the negotiation is going on. 4.In view of the above, this Court is not inclined to grant any relief sought for by the petitioner in this writ petition and accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

To

1. The Secretary, Milk and Dairy Development Secretariat Namakkal Kavignar Maaligai, Fort St.George, Chennai 600 009.

2. The Managing Director, Co-operative Milk Producers Federation Aavin Illam, Madhavaram Milk Colony, Chennai 600 051.

3. The Deputy General Manager, Transport, Transport Unit, Aavin, Madhavaram Milk Colony, Chennai 600 005.

4. The Transport Commissioner, Ezhilagam, 2nd Floor, Walaja Road, Chepauk, Chennai 600 005.

+1cc to the Government Pleader, S.R.No.38860 W.P.No.14931 of 2021 NMI(CO) RGA(18/08/2021)