All India Glass Bottles Traders And Welfare Federation v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR All India Glass Bottles Traders & Welfare Federation rep.by its President Duppala Chandra Sekhar Having Office at Door No.108/206 Udumalai Anaimalai Main Road Somandurai Chittur, Anaimalai Taluk Coimbatore District ..
Petitioner v.
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The Managing Director TASMAC Ltd., 4th Floor CMDA Tower II Egmore, Chennai 600 008
3. The Senior Regional Manager (Trichy Zone) District Collector Office Old Building First Floor Trichy 620 001
4. The Senior Regional Manager (Madurai Zone) Plot No.100, Anna Nagar Madurai 625 020
5. The Senior Regional Manager (Coimbatore Zone) 305A, Vilankurichi Road Chintamani Co-operative Society Depot Peelamedu, Coimbatore 641 004
6. The Senior Regional Manager (Salem Zone) No.56, Brindavan Road, Alagapuram Salem 636 016
7. The Senior Regional Manager (Chennai Zone) B-4, Ambattur Industrial Estate Chennai 600 058 ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 2 to 7 to complete the tender process pursuant to the tender notices dated 13.02.2024 and 14.02.2024 within a time frame as may be fixed by this Hon'ble Court so as to avoid financial loss to the Government. For Petitioner ::
Mr.S.Thankasivan for Mr.S.Balaguru For Respondents ::
Mr.J.Ravindran Additional Advocate General assisted by Mr.K.Sathishkumar Standing Counsel for R2 to R5 Mr.M.R.Gokulkrishnan Additional Government Pleader for R1
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus directing the respondents 2 to 7 to complete the tender process, pursuant to the tender notices dated 13.02.2024 and 14.02.2024, within a time frame as may be fixed by this Hon'ble Court so as to avoid financial loss to the Government.
2. The learned Additional Advocate General appearing for the respondent-TASMAC, on instructions, states that the tender itself referred to in the writ petition has been withdrawn on 05.07.2024.
3. Since the tender itself is withdrawn, this Court finds that the prayer in the writ petition has become infructuous. Therefore, the writ petition is dismissed as infructuous. The learned counsel appearing for the petitioner, however, states that the petitioner may be given liberty to agitate the issue which has been raised in the present writ petition, on the apprehension that there will not be any level playing field by incorporating a few conditions
which would serve the purpose i.e., to monopolize the trade. This Court is not inclined to go into any issue, as the writ petition is simply dismissed as infructuous. Similarly, the learned Additional Advocate General has serious objections as to the maintainability of the writ petition. It is also open to the respondents to raise any other legal issue in appropriate cases. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 31.07.2024 ss To
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The Managing Director TASMAC Ltd., 4th Floor CMDA Tower II Egmore, Chennai 600 008
3. The Senior Regional Manager (Trichy Zone) District Collector Office Old Building First Floor Trichy 620 001
4. The Senior Regional Manager (Madurai Zone) Plot No.100, Anna Nagar Madurai 625 020
5. The Senior Regional Manager (Coimbatore Zone) 305A, Vilankurichi Road Chintamani Co-operative Society Depot Peelamedu, Coimbatore 641 004
6. The Senior Regional Manager (Salem Zone) No.56, Brindavan Road, Alagapuram Salem 636 016
7. The Senior Regional Manager (Chennai Zone) B-4, Ambattur Industrial Estate Chennai 600 058
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 31.07.2024