P.Jegadish v. State Express Transport Corporation Tamil Nadu Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.12.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.34033, 34291 & 34356 of 2023 P.Jegadish ... Petitioner in W.P.No.34154 of 2023 C.Sathiyaseelan ... Petitioner in W.P.No.34385 of 2023 Vs

1. State Express Transport Corporation Tamil Nadu Ltd., Rep by its Managing Director, Head Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600002

2. The Branch Manager, State Express Transport Corporation Tamil Nadu Ltd., Coimbatore.

... Respondents in both W.P.'s PRAYER in W.P.No.34154 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned notification dated 23/11/2023 issued by the 1st respondent bearing No. Se.Ma.Tho.E./6289/Tender/2023 in so far as Item IX for 120.sq.ft shop is concerned and quash the same directing the respondents to grant two more extensions of 11 months each to the petitioner. 1/4

PRAYER in W.P.No.34385 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned notification dated 23/11/2023 issued by the 1st respondent bearing No. Se.Ma.Tho.E./6289/Tender/2023 in so far as Item VIII for 24.sq.ft shop is concerned and quash the same directing the respondents to grant two more extensions of 11 months each to the petitioner. In both W.P.'s For Petitioner : Mr.S.Rajendrakumar For Respondents : Mr.LSM.Hasan Fizal Senior Standing Counsel C O M M O N O R D E R Mr.LSM.Hasan Fizal, learned Senior Standing Counsel who accepts notice for the respondents points out that there is no flaw in the impugned tender notification insofar as the tenure of the present contractors, who are the petitioners, has expired. This is an admitted position.

2. In light of the same and there being no other flaw that is pointed out in the tender notification by the petitioner, the challenge to the same is rejected.

3. The only point put forth by the learned counsel for the petitioners is to the effect that the petitioners have lost two years of the contract period on account of the Covid -19 Pandemic.

4. However, the petitioners have not even made a request before the respondents seeking extension of the contract period on account of the 2/4

pandemic and there is thus no justification for the Court to intervene in this regard.

5. These Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. 12.12.2023 Index : Yes / No Speaking order sl To

1. State Express Transport Corporation Tamil Nadu Ltd., Rep by its Managing Director, Head Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600002

2. The Branch Manager, State Express Transport Corporation Tamil Nadu Ltd., Coimbatore.

DR.ANITA SUMANTH,J.

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& WMP.Nos.34033, 34291 & 34356 of 2023 12.12.2023 4/4