M/S.Gi Retail Private Limited v. Senior Divisional Commercial Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.23972 of 2023 & WMP.Nos.23476, 23479, 23481, 23482, 23484 & 23632 of 2023 M/s.GI Retail Private Limited, Rep by its Authorised Signatory, Ramu Annamalai, C-9, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.
...Petitioner
-VsSenior Divisional Commercial Manager, Chennai Division, Divisional Railway Manager's Office, Commercial Branch, NGO Annex, II Floor, Park Town, Chennai - 600 003.
...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Fresh E-Tender Notification LOT No.parking MASBBQ-MX-231-23-1 dated 09.06.2023 issued by the Respondent with regard to two-wheeler parking lot at the Basin Bridge Railway Junction and quash the same and consequently direct the Respondents to permit the petitioner to commence and execute the contract of manning the vehicle parking stand at Basin Bridge Junction railway Station till 1/4
31.05.2023 a per the order of this Hon'ble Court made in W.P.No.17314 of 2021 dated 26.08.2021.
For Petitioner : Mr.Narmadha Sampath For Respondent : Mr.ARL.Sundaresan, ASG Asst. by Mr.Prasad Vijayakumar, CGSC
ORDER
The petitioner herein has obtained a contract for a parking space at Basin Bridge Railway Station. However, according to the petitioner, the contract did not take off for a while since the site itself was not handed over, and the relationship has never been cordial between the petitioner and the respondent. As a result, the petitioner has already moved this Court with at least two Writ Petitions, the first being in W.P.No.17314 of 2021, wherein this Court has directed the respondent to extend the term of the license period. The petitioner has also filed a review petition in the said W.P., which is pending before another learned Single Judge of this Court. This apart, the petitioner has filed another petition in W.P.No.4214 of 2022, and the same is pending. In the meantime, the petitioner complaints that the respondent is planning to go for a fresh tender on termination of the contract.
2.Learned counsel for the petitioner submitted that, in terms of the order 2/4
of this Court in W.P.No.17314 of 2021, the three-year license period of the petitioner is set to commence from 05.05.2021 to 04.05.2024. However, in the middle of the license period, the respondent is attempting to do something very adventitious. 3.Mr.ARL.Sundaresan, the learned Additional Solicitor General made a statement on instructions from his instructing counsel Mr.Prasad Vijayakumar, learned Central Government Standing Counsel for the respondent that the tender notification LOT No.parking MAS-BBQ-MX231-23-1 dated 09.06.2023 did not fructify into a contract as there were no bidders.
4.Hence, nothing survives for consideration in this Writ Petition and accordingly it is closed. No costs. Consequently, the connected miscellaneous petitions are closed.
30.08.2023 Index : Yes/No Internet : Yes/No Tsg N.SESHASAYEE, J., 3/4
Tsg To Senior Divisional Commercial Manager, Chennai Division, Divisional Railway Manager's Office, Commercial Branch, NGO Annex, II Floor, Park Town, Chennai - 600 003.
Order made in 30.08.2023 4/4