P.Ranjithkumar, v. Tamil Nadu State Marketing
In the High Court of Judicature at Madras Dated : 15.6.2016 Coram The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition Nos.3406 & 3407 of 2016 & WMP.Nos.2781 to 2784 of 2016 P.Ranjithkumar
...Petitioner in
WP.3406/2016 R.V.Jeyaganesh
...Petitioner in
WP.3407/2016 Vs.
1.The Tamil Nadu State Marketing Corporation Limited (TASMAC), Rep. by its Managing Director, CMDA Tower, Egmore, Chennai-8.
...R1 in both WPs 2.The District Manager-cum-Deputy Collector, Tamil Nadu State Marketing Corporation Limited, Office of the District Manager, Coimbatore (South), Coimbatore.
...R2 in WP.
No.3406/2016 3.The District Manager-cum-Deputy Collector, Tamil Nadu State Marketing Corporation Limited, Office of the District Manager Coimbatore (North), Coimbatore.
...R2 in WP.
No.3407/2016 PETITIONS under Article 226 of The Constitution of India praying for the issuance of Writs of Certiorarified Mandamus (ii) to call for the records of Clause 2(i) and its proviso of the Re-Tender Notification in Proceedings in Na.
Ka.No.1613/2015/RVB2 dated 13.1.2016 issued by the 2nd respondent published in Newspaper Daily DAILY THANTHI for collection of empty bottles and for selling of eatables in the TASMAC Bar for the Year 2015-2016 in Coimbatore District, quash the same and consequently direct the 2nd respondent to fix the
minimum monthly upset price by taking into account the sales statistics for the year 2014-2015 and take pragmatic decision in the matter (WP.No.3406 of 2016); and (ii) to call for the records Clause 2(i) and its proviso of the Re-Tender Notification in Proceedings in Na.Ka.No.735/ 2015/RV8 dated 12.1.2016 issued by the 2nd respondent published in Newspaper Daily DAILY THANTHI for collection of empty bottles and for selling of eatables in the TASMAC Bar for the Year 2015-2016 in Coimbatore District, quash the same and consequently direct the 2nd respondent to fix the minimum monthly upset price by taking into account the sales statistics for the year 2014-2015 and take pragmatic decision in the matter (WP.No. 3407 of 2016). For Petitioners : Mr.N.Umapathi For Respondents : Mr.B.Nedunchezhiyan COMMON ORDER Heard both. By consent, the writ petitions are taken up for final disposal.
2. In these writ petitions, the petitioners seek to quash a particular portion of the tender notification issued by the second respondent and consequently, direct the second respondent to fix the upset price for the shops of the petitioners based on the previous year sale.
3. An identical prayer was considered by this Court in a batch of cases, which were filed during 2014. After hearing the parties in detail, the writ petitions were disposed of by a common order dated 23.12.2014, by directing the respondents to consider the petitioners' representations in an objective manner and pass appropriate orders.
4. The petitioners herein also sought for a similar relief in these writ petitions. During the pendency of these writ petitions, this Court granted an interim order 29.1.2016, which was modified on 1.3.2016 and in the interregnum, the petitioners are operating the shops by paying the charges at the old rate. In my view, by efflux of time, the challenge to the impugned proceedings has become academic.
5. In the counter affidavits filed by the respondents in the earlier writ petitions, it has been pointed that the respondents cannot fix the upset price based on the whims and fancies of the individuals, as it would result in loss of revenue.
6. The stand taken by the respondents is perfectly justified, since the respondents are bound to realise best possible revenue to the Government, while granting contracts in
favour of an individual. Since the tender notifications were issued in January 2016, this Court is of the view that the second respondent should take immediate steps for fixing the upset price in a proper manner and bring the shops for reauction. While doing so, any representation given by the petitioners shall also be taken into consideration. The above direction shall be complied with by the second respondent within a period of eight weeks from the date of receipt of a copy of this order.
7. The writ petitions are dismissed with the above direction. No costs. Consequently, all connected pending MPs are also dismissed.
-s/d- Assistant Registrar(CSIII) True Copy Sub-Assistant Registrar To 1.The Managing Director The Tamil Nadu State Marketing Corporation Limited (TASMAC), CMDA Tower, Egmore, Chennai-8.
2.The District Manager-cum-Deputy Collector, Tamil Nadu State Marketing Corporation Limited, Coimbatore (South), Coimbatore.
3.The District Manager-cum-Deputy Collector, Tamil Nadu State Marketing Corporation Limited, Coimbatore (North), Coimbatore.
+1 cc to Mr.B.Nedunchezhiyan Advocate sr.33040 WP.Nos.3406 & 3407 of 2016 & WMP.Nos.2781 to 2784 of 2016 ctk(co) aa27/06/2016