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Madras High CourtWP/23187/2017disposed of

M/S.J.S.Enterprises, A Partner v. The Indian Railway Catering

2022-11-23Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.11.2022 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR Writ Petition No.23817 of 2017 & W.M.P.Nos.24289 & 24290 of 2017 M/s.J.S.Enterprises, A Partnership firm registered under the Partnership Act, Rep. by its Managing Partner Mr.K.M.Musthafa, Having office at No.16/181, Chennimalai Road, Erode - 638 001. ... Petitioner Vs

1. The Indian Railway Catering and Tourism, Corporation Ltd. [IRCTC], Rep. by its General Manager, 11th/12th Floor, B-148, Statesman House, Barakhamba Road, New Delhi - 110 001.

2. The Regional Manager, The Indian Railway Catering and Tourism Corporation Ltd. [IRCTC], Chennai Central, Chennai - 600 003.

3. M/s.Travel Food Services Pvt. Ltd., Chennai Domestic Airport, Old Terminal Link Building, 1st Floor, Meenambakkam, Chennai - 600 016.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the first respondent herein dated 25.08.2017 in respect of 'E' Tender Notice No.CO/NIT/FP-FFU/2017/02 - GROUP A and quash the same and direct the respondents 1 and 2 herein to award the license for operation of Fast Food Unit at Chennai Central Railway Station in favour of the petitioner herein.

For petitioner ... Mrs.AL.Ganthimathi For respondents ... Mr.V.G.Sureshkumar - R1 & R2 Mr.C.Seethapathy - R3

O R D E R

This Writ Petition has been filed to quash the proceedings of the first respondent herein dated 25.08.2017 in respect of 'E' Tender Notice No.CO/NIT/FP-FFU/2017/02 - GROUP A and direct the respondents 1 and 2 herein to award the license for operation of Fast Food Unit at Chennai Central Railway Station in favour of the petitioner herein.

2. The contention of the learned counsel for the petitioner is that the tender is of the year 2007 and the tender has been rejected only on the ground 2/5

that one of the partners of the firm was black listed. According to the learned counsel for the petitioner, the firm has not been black listed. Therefore, merely because one of the partner in the individual capacity has been black listed, the petitioner's tender cannot be rejected. It is her further contention is that as the tender is of the year 2017 and work has also been completed, nothing survives for adjudication in this Writ Petition.

3. In view of the submission of the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructuous. It is needless to say that it is open to the petitioner to participate in subsequent tenders and merely because one of the partner is black listed, the same cannot be a reason to reject the entire firm. Consequently, connected miscellaneous petitions are closed. No costs.

23.11.2022 Index : Yes / No Internet: Yes Speaking/non speaking order vrc 3/5

To

1. The Indian Railway Catering and Tourism, Corporation Ltd. [IRCTC], Rep. by its General Manager, 11th/12th Floor, B-148, Statesman House, Barakhamba Road, New Delhi - 110 001.

2. The Regional Manager, The Indian Railway Catering and Tourism Corporation Ltd. [IRCTC], Chennai Central, Chennai - 600 003.

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N. SATHISH KUMAR, J vrc W.P.No.23817 of 2017 23.11.2022 5/5