← Library
Madras High CourtWP/28647/2022disposed of

B.Ramesh v. The Government Of Tamilnadu

2022-10-28Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.27925 & 27927 of 2022 B.Ramesh .. Petitioner Vs.

1. The Government of Tamil Nadu, Represented by the Principal Secretary to the Government, Department of Animal Husbandry, Fort St. George, Chennai-636 007.

2. The Managing Director, The Tamil Nadu Co-operative Milk Producers Federation Limited, No.3, Pasumpon Muthuramalingam Salai, Nandanam, Chennai-600 035.

3. The Joint Managing Director, The Tamil Nadu Co-operative Milk Producers Federation Limited, No.3, Pasumpon Muthuramalingam Salai, Nandanam, Chennai-600 035.

4. Thiruvallur Goods Transport Industrial Co-op Society, DIC Building, No.6-D, 2nd Main Road, Ambattur Industrial Estate, Chennai-600 058. .. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to call the petitioner for price negotiation in respect of Route No.142 in Tender No.1054/P1/MKG/2022-2024 and reject the tender bids filed without the vehicle Numbers and without material particulars. For Petitioner : M/s.Eswar Kumar & Rao For Respondents : Ms.V.Yamuna Devi, Special Government Pleader for R1 & R4 : Mr. I.John Arockiaraj for R2 & R3

O R D E R

The present petition has been filed seeking to respondents 1 to 3 to call for the petitioner for price negotiation in respect of Route No.142 in Tender No.1054/P1/MKG/2022-2024 and reject the tender bids filed without the Vehicle Numbers and without material particulars.

2. Ms.V.Yamuna Devi, learned Special Government Pleader takes notice for Respondents 1 & 4 and Mr. I.John Arockiaraj, the learned counsel

takes notice for Respondents 2 & 3.

3. It is the case of the petitioner that the tender bids were called for by the respondents vide Tender No.1054/P1/MKG/2022-2024 for hiring 63 number of insulated vehicles for the purpose of collection and distribution of sachet milk from Madhavaram, Avadi and Sholinganalur Dairies to Chennai Metro and Sub urban areas having fixed a revenue deposit at Rs.1000/- (Rupees Ten Thousand Only) per vehicle. The petitioner having participated in the said tender, had filed a tender application for Route 142. The tenders bids were issued as technical bid in Cover A and Price bid in Cover B. When the price bids were opened in the presence of tenderers, there were four bids found with regard to Route 142 including the one made by the petitioner.

Though the petitioner had submitted complete tender documents, however, the 4th respondent was called for the price negotiation who had filed the incomplete tender documents . Being aggrieved by the same, petitioner made his objections as against the above to the respondents , however, the same was not considered and till date, the process of tender has not been completed. Hence, the present petition.

4. Learned counsel for the petitioner reiterated the averments made in the affidavit filed in support of this Writ Petition.

5. Learned Special Government Pleader appearing for the official respondents fairly conceded that the tender process will be completed within the time that may be stipulated by this Court.

6. In view of the fair submission made by the learned Special Government Pleader, this Court without expressing any opinion on the merits of the case, is inclined to direct the official respondents to complete the aforesaid tender process and conclude the same within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons if any.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs. Consequently, the connected Miscellaneous Petitions are closed.

28.10.2022 NHS Index:Yes/No Internet:Yes To

1. The Principal Secretary to the Government, Government of Tamil Nadu, Department of Animal Husbandry, Fort St. George, Chennai-636 007.

2. The Managing Director, The Tamil Nadu Co-operative Milk Producers Federation Limited, No.3, Pasumpon Muthuramalingam Salai, Nandanam, Chennai-600 035.

3. The Joint Managing Director, The Tamil Nadu Co-operative Milk Producers Federation Limited, No.3, Pasumpon Muthuramalingam Salai, Nandanam, Chennai-600 035.

4. Thiruvallur Goods Transport Industrial Co-op Society, DIC Building, No.6-D, 2nd Main Road, Ambattur Industrial Estate,

Chennai-600 058.

M.DHANDAPANI, J.

NHS 28.10.2022