M/S.S.P.Transport, v. The General Manager,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2017
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.17120 of 2017 M/s.S.P.Transport Rep. by Partner Peer Moidheen No.32 Quide Millath Street Azad Nagar Aminjikarai Chennai 600 029 [ Petitioner] Vs 1 The General Manager TamilNadu Civil Supplies Corporation No.12 Thambusamy Road Kilpauk Chennai 600 010 2 General Manager Food Corporation of India Chetpet Chennai 31.
[ Respondents] Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to consider the Tender Application Submitted to the 2nd respondent in Tender No. S&C/ 13(6)/2017/ARK/CONT dated 06.06.2017 for the year 2017-18 as per the law and eligibility, without reference and prejudice to the Order under Appeal submitted to the 1st respondent.
For Petitioner : Mr.B.Divakaran For Respondents: Mr.S.T.S.Murthy, AAG Assisted by Mr.L.P.Shanmugasundaram Standing Counsel
O R D E R
Heard Mr.Divakaran, learned counsel for the petitioner and Mr.S.T.S.Murthy, learned Assistant Advocate General for the respondents. By consent of both, the main writ petition itself is taken up for final disposal and disposed of by this order.
2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the 2nd respondent to consider the application submitted to the 2nd respondent in Tender dated 06.06.2017 for the year 2017-18, without reference and prejudice to the order under appeal submitted to the 1st respondent.
3. By order dated 03.05.2017, the petitioner's name was blacklisted by the Senior Regional Manager, Chennai, North Zone. Challenging the said order, the petitioner preferred an appeal before the 1st respondent, which is also pending. The petitioner filed a writ petition in W.P.No.16015 of 2017 challenging the order dated 03.05.2017 and this Court, by order dated 27.06.2017, directed the 1st respondent to dispose of the appeal filed by the petitioner within a period of six weeks. Now, the petitioner has come forward with the present writ petition to permit him to participate in the tender dated 06.06.2017, called for by the 2nd respondent. Since the order dated 03.05.2017 is hanging already on the petitioner, unless the said order is set aside by the 1st respondent, the petitioner cannot participate in the tender process.
4. Since this Court had already directed the 1st respondent to dispose of the appeal within a time frame, I do not find any reason to issue any direction to the 2nd respondent to consider the petitioner's tender application. In these circumstances, the writ petition is devoid of merits and hence the same is dismissed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rg To 1 The General Manager TamilNadu Civil Supplies Corporation No.12 Thambusamy Road Kilpauk Chennai 600 010.
2 General Manager Food Corporation of India Chetpet Chennai 31.
+1cc to Mr.L.P.Shanmugasundaram, Advocate Sr.47490 +1cc to Mr.B.Divakaran, Advocate Sr.46936 W.P.No.17120 of 2017 vg ii[co] srg 17/07/2017