The Director Cum Mission v. M/S. Imperial Poultries

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.09.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A.(MD)Nos.609 & 610 of 2017 and C.M.P(MD)Nos.5045 & 5047 of 2017 1.The Director cum Mission Director, Integrated Child Development Services Scheme, Pammal Nallathambi Street, Tharamani, Chennai - 600 113.

2.The Director of Social Welfare, Nagireddy Thottam, SIDCO Corporate Office (Old Building), 2nd Floor, Thiru.vi.ka.Industrial Estate, Guindy, Chennai - 600 032.

.. Appellants/ Respondents in both W.As'

Vs.

M/s.Imperial Poultries, Rep. by its Proprietor, P.Ganesan .. Respondent/ Petitioner in both W.As'

Common Prayer : Writ Appeals filed under Section 15 of Letters Patent, to set aside the order dated 25.05.2017 passed in W.M.P(MD) Nos.7175 and 7176 of 2017 in W.P(MD)No.9442 of 2017. Prayer in WMP(MD). 7175/ 2017 :

Petition praying that in the Circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an ad-interim direction directing the respondents to maintain status quo with respect to procurement and distribution of eggs to the children until the finalization of new tender in the manner as prayed for in the writ petition.

Prayer in WMP(MD). 7176/ 2017 :

Petition praying that in the Circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an ad-interim injunction restraining the respondents from calling any fresh tenders until the method of procurement and the terms of the tender is finalized in consultation with experts such as central Food Technical Research Institute (CFTRI) or Defence Food Research Laboratory (DFRL) and scrutinized by this Honble High Court.

Prayer in WP(MD). 9442/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of mandamus directing the respondents to consult experts such as Central Food Technical Research Institute (CFTRI) or Defence Food Research Laboratory (DFRL) for deciding the method of procurement and terms of the tender and on finalization of such method of procurement and the terms of the tender, the same may be submitted for the scrutiny of this Honble Court and there upon fresh tenders may be invited and finalized by the Government for the procurement of eggs to distribute to lacs of children under to nutritious Meal program and Integrated child Development Services Scheme. For Appellants : Mr.B.Pugalendhi, (in both W.As') Additional Advocate General for Mrs.J.Padmaavathi Devi, Special Government Pleader.

For Respondent : No appearance (in both W.As') COMMON JUDGMENT (Judgment of the Court was delivered by PUSHPA SATHYANARAYANA, J.) The present writ appeals have been preferred by the appellants as against the interim orders passed in W.M.P(MD)Nos.7175 and 7176 of 2017 in W.P(MD)No.9442 of 2017.

2. It is represented that the Writ Petition itself was subsequently withdrawn by the writ petitioner and the Writ Appeals have become infructuous.

3. In view of the same, the Writ Appeals are dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS-IV)

To 1.The Director cum Mission Director, Integrated Child Development Services Scheme, Pammal Nallathambi Street, Tharamani, Chennai - 600 113.

2.The Director of Social Welfare, Nagireddy Thottam, SIDCO Corporate Office (Old Building), 2nd Floor, Thiru.vi.ka.Industrial Estate, Guindy, Chennai - 600 032.

PS DS SV SAR-4 04.10.2018 3P/3C Judgment made in W.A(MD)Nos.609 & 610 of 2017 03.09.2018