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Madras High CourtWP/26511/2021disposed of

Global Fish Seed Suppliers Rep By Its v. The Commissioner Of Fisheries

2021-12-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.26511 of 2021 and WMP.No.27952/2021 Global Fish Seed Suppliers Rep. By its Managing Partner Prasanna Venkatesh 27, Amman Koil Street, Urmechikulam, Samayanallur Post, Madurai District.

...Petitioner

vs.

1. The Commissioner of Fisheries, Fisheries Department, Integrated Office Complex for Animal Husbandry and Fisheries Department, No.571, 4th Floor, Anna Salai, Nandanam, Chennai.

2. The Assistant Director of Fisheries, Parangipettai, Cuddalore District.

3. The Assistant Director of Fisheries, Villupuram District.

4. The Deputy Director of Fisheries, Integrated Office Complex for Animal Husbandry and Fisheries Department, No.571, 4th Floor, Anna Salai, Nandanam, Chennai.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue an order or direction or Writ and in particular Writ in the nature of a Writ of Mandamus, directing the respondents to procure 32.80 lakhs of fish seeds from the petitioner firm as per their approval dated 30.11.2020 issued in respect of RFQ.No.Package No.02/IAMP/Fisheries/LCN/CAR/G/II/2021.

For Petitioner :

Mr. Selvi George For Respondents :

Mrs. C.Sangamithirai Spl. Government Pleader

ORDER

The petitioner has filed this petition seeking issuance of Writ of Mandamus directing the the respondents to procure 32.80 lakhs of fish seeks from the petitioner firm as per their approval dated 30.11.2020 issued in respect of RFQ.No.Package No.02/IAMP/Fisheries/LCN/CAR/G/II/20-21.

2. The case of the petitioner is that the petitioner is running a firm for supplying the fish seeds. The respondents called for request for quotation to purchase the fish seeds on 15.10.2020. The said tender was opened on 29.10.2020. The petitioner firm have also participated in the tender process and they quoted lowest price than other participants. However, the petitioner's application was rejected on the ground that the price quoted by the petitioner was Rs.1.86 paise per seed whereas in the previous year the quoted price was Rs.0.90/- paise per seed. As per the above conditions, the petitioner's bid was accepted by the committee on 30.11.2020. As per the terms and conditions, the respondents ought to have procured the seeds within 90 days from 30.11.2020.

In order to make the supply within the stipulated period the petitioner has made all arrangements and awaiting for the tanks list from the respondents. Since the respondents did not furnish the tanks list, the petitioner sent several representations and however, there is no response from the respondents. Hence, the present Writ Petition has been filed seeking the above said relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to procure the fish seeds, which was mentioned in the tender and the same was accepted by the respondent, from the petitioner within the time frame as fixed by this Court.

4. The learned Special Government Pleader submits that the petitioner's representation dated 15.11.2021 will be considered by the respondents in accordance with law within the time frame fixed by this Court.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the

respondents to consider the petitioner's representation dated 15.11.2021 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rli To

1. The Commissioner of Fisheries, Fisheries Department, Integrated Office Complex for Animal Husbandry and Fisheries Department, No.571, 4th Floor, Anna Salai, Nandanam, Chennai.

2. The Assistant Director of Fisheries, Parangipettai, Cuddalore District.

3. The Assistant Director of Fisheries, Villupuram District.

4. The Deputy Director of Fisheries, Integrated Office Complex for Animal Husbandry and Fisheries Department, No.571, 4th Floor, Anna Salai, Nandanam, Chennai.

+1cc to Mrs.Selvi George, Advocate, S.R.No.67343 +1cc to the Government Pleader, High Court, Madras, S.R.No.67060 W.P.No.26511 of 2021 and WMP.No.27952/2021 AK-II(CO) SU(12/01/2022)