The Managing Director v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY The Managing Director Tamil Nadu Civil Supplies Corporation No.12, Thambusamy Road, Kilpauk Chennai 600 010.

..

Appellant Vs.

1. The Government of Tamil Nadu Rep. by the Secretary to Government Co-operation, Food and Consumer Protection Dept. St. George Fort, Chennai.

2. The Commissioner of Civil Supplies and Consumer Protection Opp. To Chepauk Railway Station Chennai 600 005.

3. M/s.C.P.Foods A Partnership Firm Rep. by its Authorized Signatory M.Arumugam having Office at No.52, South Car Street Virudhunagar - 626 123.

..

Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.2377 of 2023 dated 03.03.2023. For the Appellant : Mr.J.Ravindran Additional Advocate General for Mr.C.Selvaraj For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 & R2

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.J.Ravindran, learned Additional Advocate General for Mr.C.Selvaraj, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 2.

2. The appellant is challenging the impugned order passed by the learned Single Judge, thereby allowing the writ petition and directing the present appellant to adhere to the Government Order dated 15.11.2022 bearing G.O.(Ms).No.123, Co-operation, Food and Consumer Protection (F1) Department.

3. Learned Additional Advocate General submits that the Court has misread the Government Order dated 15.11.2022. The said Government Order states that Special Public Distribution System scheme is extended for a further period of six months from 01.10.2022 to 31.03.2023 for the supply of one dal i.e., Tur Dal / Canadian Yellow Lentil as well as the Palmolein Oil. It is the supply of one dal, i.e., Tur Dal / Canadian Yellow Lentil and not both. Learned Additional Advocate General submits that in view of the exigency, tender has already been issued by incorporating both Tur Dal and Canadian Yellow Lentil.

4. Though the appeal is of academic interest, now, only to consider the misreading of the Government Order by the learned Single Judge, the present appeal is filed.

5. The Court would not entertain the appeal for academic purpose. The impugned order by the learned Single Judge is restricted to the tender that was issued and assailed before the

learned Single Judge. For fresh tender, it will be open for the appellant to contend about the scheme of the Government and the policy introduced by the Government, which certainly would be considered afresh, if the same is subsequently challenged.

6. It is made clear that the observation made by the learned Single Judge against the Officers are only for the purpose of deciding the writ petition and the same would not have any other effect.

With these observations and clarifications, the writ appeal stands disposed of. There will be no order as to costs. Consequently, C.M.P.No.24628 of 2023 stands closed. (S.V.G., CJ.) (D.B.C., J.) 30.10.2023 Index : Yes/No drm

To

1. The Secretary to Government The Government of Tamil Nadu Co-operation, Food and Consumer Protection Dept. St. George Fort, Chennai.

2. The Commissioner of Civil Supplies and Consumer Protection Opp. To Chepauk Railway Station Chennai 600 005.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 30.10.2023