Chennai Fire Works Dealers Welfare Association v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.11.2024
CORAM:
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P.B. BALAJI Chennai Fire Works Dealers Welfare Association, Represented by its Executive President, R.Natarajan, No.60/42, Bunder Street, Chennai-600 001. ... Appellant versus 1.The Principal Secretary to Government, Tourism, Culture, Religious Endowments, And Chairman, Tamil Nadu Tourism Development Corporation, Fort St.George, Secretariat, Chennai-600 009. 2.The Managing Director, Tamil Nadu Tourism Development Corporation, No.2, Wallajah Salai, Chennai- 600 002.
3.The General Manager, Tamil Nadu Tourism Development Corporation, No.2, Wallajah Salai, Chennai-600 002.
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4.Chennai Fireworks Merchants Welfare Association, Represented by its President, Mr.Z.Mohammed Javeed Akthar, No.9/27, Raja Street, Raja Annamalaipuram, Chennai- 600 028. ...Respondents PRAYER: Writ Appeal filed against the order of the learned Single Judge in WP No.28264 of 2024 dated 24.09.2024.
For the Appellant :Mr.Vijay Anand For the Respondents :Mr.S.John J Raja Singh Additional Government Pleader for first respondent Mr.J.Ravindran, Additional Advocate General, Assisted by Mr.AlaguGowtham Government Advocate for respondents 2 and 3
JUDGMENT
( Delivered by D. KRISHNAKUMAR, J.) This Writ Appeal is filed against the order of the learned Single Judge in W.P.No.28264 of 2024 dated 24.09.2024.
2. According to the appellant/petitioner, the appellant has made a representation dated 09.08.2024 to the authority concerned, giving details 2/6
and documents to blacklist the fourth respondent association from further participating in the tenders for misrepresenting and suppressing the material facts during the E-Tender process for conducing Diwali Crackers Fair 2023. The authority concerned rejected the representation of the appellant, and passed a non speaking order. In the said rejection order, no reason has been given for rejecting the said representation. Challenging the same, the appellant has filed the writ petition. The writ court, without setting aside the order passed by the authority concerned, has dismissed the writ petition. Challenging the order passed by the writ court, the present intra court appeal has been filed.
3. Learned counsel for the appellant submits that the writ court has not properly appreciated the case of the appellant. Hence, he seeks to set aside the order of the writ court and the order passed by the authority concerned.
4. Mr.K.Ravindran, learned Additional Advocate General appearing for respondents 2 and 3 submits that Board of Tamil Nadu Tourism is the 3/6
appellate authority to consider the aforesaid submission of the appellant, and therefore, the writ court has given liberty to the appellant to approach before the civil court.
5. We are of the view that if any grievance, the appellant shall make an appeal before the appellate authority, namely the Board of Tamil Nadu Tourism, within a period of four weeks from the date of receipt of a copy of this order. On the said appeal being filed, the Board of Tamil Nadu Tourism, shall consider the same and pass appropriate orders as early as possible, within a period of twelve weeks thereafter, after providing opportunity to the parties concerned.
6. With the above modification, the writ appeal stands disposed of. There shall be no order as to costs. Consequently, CMP No.25105 of 2024 is closed.
(D.K.K., J.) (P.B.B., J.) 11.11.2024 Index : Yes/No mrn 4/6
To 1.The Principal Secretary to Government, Tourism, Culture, Religious Endowments, And Chairman, Tamil Nadu Tourism Development Corporation, Fort St.George, Secretariat, Chennai-600 009. 2.The Managing Director, Tamil Nadu Tourism Development Corporation, No.2, Wallajah Salai, Chennai- 600 002.
3.The General Manager, Tamil Nadu Tourism Development Corporation, No.2, Wallajah Salai, Chennai-600 002.
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D. KRISHNAKUMAR, J.
and P.B. BALAJI, J.
(mrn) 11.11.2024 6/6