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Madras High CourtWP(MD)/5693/2018allowed

A.Thavasi, S/O.Andi Thevar, v. The Managing Director

2018-03-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P (MD)No.5693 of 2018 and WMP(MD)No.5566 of 2018 A.Thavasi ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation, (TASMAC), CMDA Complex, Egmore, Chennai - 600 008.

2. The Regional Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Anna Nagar, Madurai 625 020.

3. The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Madurai South, Sipcot, Kappaloor, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to permit the petitioner for selling eatables and for collecting empty bottles in the Bar attached to TASMAC retail vending shop of respondents bearing No.5160 Madurai, until the finalization of the next tender, in accordance with law. For petitioner : Mr.Veera Kathiravan Senior Counsel for M/s.Veera Associates For respondents : Mr.Chellapandian, Additional Advocate General for Mr.H.Arumugam

ORDER

Mr.Chellapandian, learned Additional Advocate General for Mr.H.Arumugam, learned Standing Counsel takes notice for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 2.By consent of both parties, the writ petition is taken up for disposal at the admission stage itself.

3.The petitioner herein had earlier filed WP(MD)No.1676 of 2018. No interim order was granted therein. Therefore, the respondents went ahead with the tender process. But, the petitioner herein did not participate. Since there was only one participant, the tender process was cancelled. Now, the respondents are intending to hold a fresh tender process. It is open to the respondents to hold a fresh tender process. Till the tender process gets concluded and subject to the result of the above said WP(MD)No.1676 of 2018, the petitioner herein is entitled to continue to sell eatables and collect empty bottles in the Bar attached to TASMAC retail vending shop bearing No.5160 Madurai.

4.This writ petition is allowed to the extent as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, Tamil Nadu State Marketing Corporation, (TASMAC), CMDA Complex, Egmore, Chennai - 600 008.

2. The Regional Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Anna Nagar, Madurai 625 020.

3. The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Madurai South, Sipcot, Kappaloor, Madurai District.

+1cc to M/s.Veera Associates, Advocate Sr.No.56224 +1cc to Mr.H.Arumugam, Advocate Sr.No.56392 SKM VB/RSK/SAR3/26.04.2018/2P/6C W.P (MD)No.5693 of 2018 and WMP(MD)No.5566 of 2018 19.03.2018 https://hcservices.ecourts.gov.in/hcservices/