V.K.S. Transport, v. Tamil Nadu Civil Supplies Corporation Limited,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 33076 of 2019 V.K.S. Transport functioning at Old No.35, New No.33/1 I Street, Secretariat Colony Kilpauk, Chennai - 600 010.

Represented by its Managing Partner K. Ashok Kumar S/o. Kothandapani Hindu, aged about 66 years Residing at Old No. 35, New No.33/1 I Street, Secretariat Colony Kilpauk, Chennai - 600 010.

... Petitioner Vs.

Tamilnadu Civil Supplies Corporation Limited Government of Tamilnadu undertaking No.12, Thambusamy Street Kilpauk, Chennai - 600 010 Represented by its Managing Director

...Respondent

Petition filed under Article 226 of the Constitution of India, for issue of Writ of Declaration declaring the conditions imposed in the tender that had been called for by the Managing Director, Tamil Nadu Civil Supplies Corporation, the respondent herein, dated 20.11.2019 for movement namely transportation of stocks specified in the nature of work within the State of Tamilnadu namely 2(d) the tenderer should have reported an annual turnover of atleast Rs. 100 crores in each of the last 3 completed financial years (2016-17, 2017-18 and 2018-19) in the transportation /supply of food articles by trucks to any Government Department /State Civil Supplies Corporation /Government Organisations / undertakings 1/3

2(f) the Tenderer should have a minimum network of Rs.5 crores for establishing the Credit Worthiness as certified by Nationalised / Scheduled Bank 2(h) the Tenderer should undertake to have 50 Trucks per Region either on own or on lease or under contract for performing the contract. Tipper vehicles will not be considered. Trucks must be under the Registration of Tamil Nadu. Other states Registration Trucks will not be considered. The vehicles should have been registered as public carrier vehicle and the insurance also should have been taken as Public carrier. In this regard, the tenderer should submit an affidavit to undertake that he will produce the details of the truck along with notarized copy of RC book within 30 days from the date of award of contract failing which the Earnest Money Deposit will be forfeited and action may be initiated for having filed false affidavit.

2(j) In order to handle the transportation by involving large scale competent manpower, the tenderer should have proven track record of having employed atleast 150 employees for the last 3 completed financial years( 201617, 2017-18 and 2018-19) are all illegal, inoperative, sustainable and as such they are liable to be.

For Petitioner :

Mr. D. Ashokkumar For Respondents :

Mr. L.P. Shanmuga Sundaram Standing Counsel

O R D E R

When the matter is taken up for hearing, Learned Counsel for the Petitioner submitted that he is not pressing the Writ Petition and he has made an endorsement to that effect, which is recorded.

2.Accordingly, the Writ Petition is dismissed as not pressed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar 2/3

To The Managing Director Tamilnadu Civil Supplies Corporation Limited Government of Tamilnadu undertaking No.12, Thambusamy Street Kilpauk, Chennai - 600 010.

+1 cc to M/s.L.P.Shanmugasundaram,Advocate Sr.No. 99149 AKM/02.01.2020/3P-3C / W.P. No. 33076 of 2019 3/3