The Kaveri Womens Tailoring v. The Commissioner Of Social
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.4159, 5233 & 20096 of 2019 & 5862 of 2025 The Kaveri Women's Tailoring Industrial Co-operative Society IND No.1691, Represented by its President.
... Petitioner vs.
1.The Commissioner of Social Welfare, Office of Social Welfare, Panagal Maligai, 2nd Floor, Saidapet, Chennai - 15.
2.The Joint Director, Office of Social Welfare, Panagal Maligai, Saidapet, Chennai - 15.
3.The District Social Welfare Officer, District Social Welfare Office, Trichirappalli.
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4.The Secretary, Kaveri Women's Tailoring Industrial Co-operative Society, Kokulam Colony, IND No.1691, Trichirappalli.
5.The Proprietor, Poorva Tradings, No.10/47-A, Kavery Nagar, Ammankovil Main Road, Opposite Wahab Petrol Bank, Kuniyamuthur, Coimbatore - 641 008.
6.The Propreitor, Sri Renga Traders, No.110, Mailam, Thiruchirappalli - 620 008.
7.The Proprietor, No.10/47-B, Kavery Nagar, Ammankovil Main Road, Opposite Wahab Petrol Bank, Kuniyamuthur, Coimbatore - 641 008.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of forbearing the respondents 1 to 4 from insisting or compelling all Women's Tailoring Industrial Co-operative Societies in the State of Tamil Nadu to procure/purchase the Button Hole Sewing Machines and Button Stitching Machines at a higher rate from the respondents 5 and 7 in bye passing the Tender Transparency Act based on the second letter dated 01.11.2018 in Na.Ka.No.034469/CTHI/2018.
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For Petitioner : Mr.S.M.Mohan Gandhi For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For R - 4 : Mr.S.P.Maharajan For RR 5 & 7 : Mr.C.Susikumar For R - 6 : Mr.G.S.Ashok Adithyan
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to forbear the respondents 1 to 4 from insisting or compelling all Women's Tailoring Industrial Co-operative Societies in the State of Tamil Nadu to procure or purchase the Button Hole Sewing Machines and Button Stitching Machines at higher rates from the respondents 5 and 7 in contravention of the Tamil Nadu Transparency in Tenders Act, 1998, based on the second letter dated 01.11.2018. 2.Pursuant to the interim order granted by this Court in the present Writ Petition, purchases from the private company have been not undertaken. 3/8
3.The learned counsel appearing for the petitioner would submit that no transparent procedure has been followed in the purchase of Button Hole Sewing Machines and Button Stitching Machines etc. The Societies are allegedly purchasing these machines at the higher rates, resulting in financial losses to the Societies, which ultimately affects the interest of their members. 4.The Co-operative Societies are registered under the Tamil Co-operative Societies Act, 1983 and the Registrar of Co-operative Societies is the controller of the affairs of the Co-operative Society. Purchases of materials and machinery are to be made only in a transparent manner and through an open tender process. The authorities cannot purchase such machinery and materials at their whims and fancies.
The principles of transparency along with the guidelines issued by the Government and the provisions of the Tamil Nadu Transparency in Tenders Act and its corresponding Rules are to be followed for the purpose of purchase of machinery and materials to the society administered under the provisions of the Tamil Nadu Co-operative Societies Act, 1983.
5.In view of the above facts and circumstances, the respondents 1 to 3 are directed to purchase machinery and materials only through an open tender process by following the transparent procedures as contemplated under the Tamil Nadu Transparency in Tenders Act and Rules and the guidelines issued by the Government.
6.With these directions, this Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
[S.M.S.,J.] & [A.D.M.C.,J.] 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/8
To 1.The Commissioner of Social Welfare, Office of Social Welfare, Panagal Maligai, 2nd Floor, Saidapet, Chennai - 15.
2.The Joint Director, Office of Social Welfare, Panagal Maligai, Saidapet, Chennai - 15.
3.The District Social Welfare Officer, District Social Welfare Office, Trichirappalli.
4.The Secretary, Kaveri Women's Tailoring Industrial Co-operative Society, Kokulam Colony, IND No.1691, Trichirappalli.
5.The Proprietor, Poorva Tradings, No.10/47-A, Kavery Nagar, Ammankovil Main Road, Opposite Wahab Petrol Bank, Kuniyamuthur, Coimbatore - 641 008.
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6.The Propreitor, Sri Renga Traders, No.110, Mailam, Thiruchirappalli - 620 008.
7.The Proprietor, No.10/47-B, Kavery Nagar, Ammankovil Main Road, Opposite Wahab Petrol Bank, Kuniyamuthur, Coimbatore - 641 008.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 26.06.2025 8/8