Madras High CourtWP/39525/2024disposed of

J.Saleem v. The Secretary To The Government Of India

2024-12-21Honourable Mr Justice S. Sounthar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.42807 of 2024 1.J.Saleem 2.P.Murali Krishnan 3.Murugan 4.Velmurugan ... Petitioners vs.

1.The Secretary to the Government of India Ministry of Petroleum and Natural Gas A-Wing Sastri Bhavan Dr. Rajendra Prasad Road New Delhi - 110 001.

2.The Deputy Secretary to the Government of India Ministry of Petroleum and Natural Gas A-Wing Sastri Bhavan Dr. Rajendra Prasad Road New Delhi - 110 001.

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3.The Chairman Hindustan Petroleum Corporation Limited Petroleum House - 17 Jamshedji Tata Road Mumbai Maharashtra 4.Executive Director Hindustan Petroleum Corporation Limited Petroleum House - 17 Jamshedji Tata Road Mumbai Maharashtra - 400 020.

5.Executive Committee Members Hindustan Petroleum Corporation Limited Petroleum House - 17 Jamshedji Tata Road Mumbai, Maharashtra - 400 020.

6.The General Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore Chennai - 600 008.

7.The Deputy General Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore Chennai - 600 008.

8.Transport Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore Chennai - 600 008.

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9.The Deputy General Manager 68R6+V73 NCTPS Main Road Attipattu, Pudunagar Chennai - 600 120.

10.The Transport Manager The Deputy General Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore Chennai - 600 008.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to consider the representation of the petitioners dated 16.12.2024 to conduct a fresh tender fairly and transparently.

For Petitioners : Mr.Raj Kumar Paul For R3 to R7 : Mr.Mohamed Fayaz Ali Standing Counsel For R8 to R10 : Mr.G.Ameedius Government Advocate

O R D E R

By consent of both the learned counsel appearing for the petitioners as well as respondents 3 to 10, this writ petition is disposed of at the admission stage itself.

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2. The Writ Petition is filed seeking a direction to the 3rd respondent to consider the representation of the petitioners dated 16.12.2024 and conduct a fresh tender fairly and transparently.

3. It is the case of the petitioner that he is Operator of 10 Petroleum Tankers and the 3rd respondent herein issued Tender Notification on 15.07.2024 seeking bids for engaging trucks for supply of Petroleum Products. It is further stated by the petitioners that the 3rd respondent had shown certain favouritism while allocating work order to the persons in the general category. It is further stated that the tenders were finalised on 05.12.2024 by sidelining the major operators in the general category. Therefore, the petitioner submitted a representation dated 16.12.2024 before the 3rd respondent seeking cancellation of tender notification and issuance of fresh tender. The said representation has not been considered by the 3rd respondent till date. Hence, the petitioner has come before this Court.

4. Mr.Mohamed Fayaz Ali, learned Standing Counsel takes notice for the respondents 3 to 7 and Mr.G.Ameedius, learned Government Advocate takes notice for the respondents 8 to 10.

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5. In view of certain allegations made by the petitioner with regard to the allocation of tenders, this Court without expressing any opinion on the merits of the claim made by the petitioner, is inclined to direct the 3rd respondent to consider the representation of the petitioner dated 16.12.2024 and pass final orders on its own merits and in accordance with law, within a period of one week from the date of receipt of copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 21.12.2024 (2/2) Index : Yes/No Speaking order:Yes/No dm 5/8

To 1.The Secretary to the Government of India Ministry of Petroleum and Natural Gas A-Wing Sastri Bhavan Dr. Rajendra Prasad Road New Delhi - 110 001.

2.The Deputy Secretary to the Government of India Ministry of Petroleum and Natural Gas A-Wing Sastri Bhavan Dr. Rajendra Prasad Road New Delhi - 110 001.

5.Executive Committee Members Hindustan Petroleum Corporation Limited Petroleum House - 17 Jamshedji Tata Road Mumbai, Maharashtra - 400 020.

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6.The General Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore, Chennai - 600 008.

7.The Deputy General Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore Chennai - 600 008.

8.Transport Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore Chennai - 600 008.

9.The Deputy General Manager 68R6+V73 NCTPS Main Road Attipattu, Pudunagar Chennai - 600 120.

10.The Transport Manager The Deputy General Manager No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore Chennai - 600 008.

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S.SOUNTHAR, J.

dm 21.12.2024 (2/2) 8/8