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Madras High CourtWP(MD)/3619/2023dismissed

Saravanan v. The Managing Director

2023-02-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.3367 to 3386, 3388 & 3389 of 2023 In WP(MD)No.3619 of 2023 : - Saravanan ... Petitioner Vs 1.The Managing Director, Tamil Nadu Civil supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Dindigul Region, Dindigul.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned tender notice of the second respondent in NIT No.B1/0669/2023 TNCSC/22-23/ET/68 dated 09.02.2023 and quash the same. 1/4

For Petitioner : Mr.S.Ramsundarvijayraj (In all WPs) For Respondents : Mr.Veera Kathiravan (In W.P(MD)Nos. Additional Advocate General 3619, 3621, 3624 Assisted by & 3626 of 2023) Mr.G.Mohan Kumar Standing Counsel (In W.P(MD)Nos. Mr.Veera Kathiravan 3620, 3622, 3623, Additional Advocate General 3625, 3627 to Assisted by 3629 of 2023) K.Balasubramanian Standing Counsel COMMON

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Standing Counsel appearing for the respondents.

2.The petitioner in all these writ petitions is one and the same. The petitioner has questioned the tender notification issued in respect of as many as eleven (11) regions. As per the tender notification, the participant / tenderer must own 10 vehicles per region and has lease arrangement of 20 vehicles per region. The petitioner herein who is owning only 6 vehicles ambitiously aspired to bag the tenders for all the eleven regions. My attention is drawn by 2/4

the learned Additional Advocate General to clause 7(f) of the tender notification. It reads as follows:

"f) Tenderers should offer separate vehicles for each district tender. In case they are filing tender for more than one district, if the same lorries are offered for more than one district, the tender filed in both the districts will be rejected outrightly without any consideration. "

Since the petitioner is having only six vehicles, he could not have taken part in the tender process even for one region. Therefore, on this sole ground, these writ petitions have to be dismissed. For the reasons set out in the order dated 27.02.2023 in W.P(MD)No.3609 of 2023, these writ petitions are dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

27.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Managing Director, Tamil Nadu Civil supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010. 2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Dindigul Region, Dindigul.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.3367 to 3386, 3388 & 3389 of 2023 27.02.2023 4/4