Madras High CourtWP(MD)/2142/2015dismissed

S. Stanly, v. The Sub Collector /

2015-02-18Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.02.2015

CORAM

THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.2142 of 2015 and M.P.(MD).No.1 of 2015 S.Stanly ... Petitioner Vs.

The Sub Collector / District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Nagercoil, Kanyakumari District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondent from recalling the confirmation of the tender vide Na.Ka.No.045/B/2014 dated 29.01.2015 in collecting empty liquor bottles and also proposal of selling eatables in the bar without any notice and enquiry forthwith in the proposed bar adjacent to the TASMAC shop No.4813, Karungal Village, Kanyakumari District.

For petitioner : Mr.S.Palanivelayutham For Respondent : Mr.M.Muniasamy

O R D E R

The petitioner seeks for a Writ of Mandamus forbearing the respondent from recalling the confirmation of the tender vide Na.Ka.No.045/B/2014 dated 29.01.2015 in collecting empty liquor bottles and also proposal of selling eatables in the bar without any notice and enquiry forthwith in the proposed bar adjacent to the TASMAC Shop No.4813, Karungal Village, Kanyakumari District.

2. The only grievance of the petitioner is that after the confirmation was made, the authorities are trying to recall the confirmation of the tender only on the ground that the petitioner is unable to get 'No Objection Certificate' from the owner of the premises. Therefore, he has come forward with the present writ petition.

3. The learned Standing counsel appearing for the respondent clearly pointed out that it is a condition precedent that the petitioner should get a 'No Objection Certificate' from the owner of the premises to conduct the bar or to collect the bottles.

4. In this case, before confirmation, on 29.01.2014, he was given a notice calling upon him to produce the 'No Objection Certificate' and he was not able to produce the same. Therefore, as per the Rules, the https://hcservices.ecourts.gov.in/hcservices/

respondent has got every right to reject the tender offered to the petitioner. The writ petition first of all is premature one and the confirmation order has so far not been cancelled. But he has not complied with the basic requirements. Therefore, the authorities will have to take a decision in accordance with law. This Writ Petition cannot be entertained at this stage. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar akv To The Sub Collector / District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Nagercoil, Kanyakumari District.

+1cc to MR. S.PALANIVELAYUTHAM, ADVOCATE IN SR NO. 7756 W.P(MD).No.2142 of 2015 18.02.2015 RG.19.03.2015 2P.3C.

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