M/S. Rakshitha Audio And Electricals v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN M/s Rakshitha Audio and Electricals Represented by its Sole Proprietorship Mr.Anand No.11, Bavani Amman Kovil Street Tiruverkadu, Chennai - 600 077
...Petitioner
Vs
1. The Commissioner Hindu Religious and Charitable Endowment Department, Nungambakkam High Road, Chennai - 34.
2. The Joint Commissioner, Sri Devi Karumari Amman Thiru Kovil, Tiruverkadu, Chennai - 600 077.
4. The Executive Officer, Sri Devi Karumari Amman Thiru Kovil, Tiruverkadu, Chennai - 600 077.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/6
India to issue a Writ of Mandamus directing the second respondent to issue tender application for sound and lighting services at Sri Devi Karumari Amman Marriage Hall, Thiruverkadu as per the tender notification dated 23.05.2024 in FASLI 1434 for the period of one year by receiving the necessary fee and pass orders. For Petitioner : Mr.S. Sarath Chandran For Respondents : Mr. N.R.R. Arun Natrajan Special Government Pleader
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The case of the petitioner is that he is a running an Audio and Electrical Services since the year 2014, registered under the Ministry of Micro, Small and Medium Enterprises. While so, the second respondent issued a tender notification in the daily newspaper on 23.05.2024 for sound and lighting services at Sri Devi Karumari Amman Marriage Hall, Tiruverkadu and the last date for submitting the tender application was 06.05.2024. The grievance of the petitioner is that when he approached the second respondent to apply for the tender, the second respondent refused to give the tender application. The reason stated by the second 2/6
respondent is that in an earlier occasion i.e in the year 2023 the petitioner was a successful tenderer. However, the tender award was not issued, due to which the petitioner filed W.P.No.31068 of 2023 seeking for a direction to issue work order for sound and lighting services at Sri Devi Karumari Amman Marriage Hall, Tiruverkadu. Later it came to know that the second respondent has cancelled the tender vide order dated 30.08.2023. Subsequently, W.P.No.31068 of 2023 was dismissed with a direction to the second respondent to provide the order copy dated 30.08.2023 to the petitioner, wherein it has been stated that the tender was cancelled. Hence, the petitioner came forward with this petition seeking a direction to the second respondent to permit them to participate in the tender.
3. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the second respondent to provide an opportunity to the petitioner to participate in the tender. 4.The learned Special Government Pleader appearing for the respondents submitted that the petitioner will be permitted to participate 3/6
in the tender if they comply with the procedures stated in the notification of the second respondent dated 23.05.2024.
5. Considering the facts of the case, this Court directs the petitioner to approach the 2nd respondent on 05.06.2024 seeking an application form for participating in the tender by paying necessary fees and by following other procedures stated in the notification, on such approach of the petitioner, the 2nd respondent is directed to issue application form to the petitioner and permit the petitioner to participate in the tender, in accordance with law.
6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
04.06.2024 Index:Yes/No Speaking order/Non-speaking order smn Note: Issue Order Copy on 05.06.2024 To 4/6
1. The Commissioner Hindu Religious and Charitable Endowment Department, Nungambakkam high Road, Chennai - 34.
2. The Joint Commissioner, Sri Devi Karumari Amman Thiru Kovil, Tiruverkadu, Chennai - 600 077.
4. The Executive Officer, Sri Devi Karumari Amman Thiru Kovil, Tiruverkadu, Chennai - 600 077.
5/6
V.BHAVANI SUBBAROYAN,J.
smn W.P.No.14581 of 2024 04.06.2024 6/6