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Madras High CourtWA(MD)/1126/2025dismissed

M/S.J.K.Traders v. The Director General Of Prisons And

2025-06-13Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar4 pages

1 W.A.(MD)NO.1126 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.1126 of 2025 AND C.M.P.(MD)No.7064 & 7065 of 2025 M/s.J.K.Traders, Proprietor V.M.J.Mohammed Ansari, No.5, Mariamman Kovil Street, Goripalayam, Madurai - 625 002.

... Appellant / Writ petitioner Vs.

The Director General of Prisons and Correctional Services, No.6, Annal EVR Maniammaiyar Salai, Egmore, Chennai - 600 008.

... Respondent / Respondent Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P.(MD)No.3371 of 2025 dated 04.03.2025 by allowing the writ appeal.

For Appellant : Mr.V.Muthu Kamatchi For Respondent : Mr.M.Ajmal Khan, Additional Advocate General, assisted by, Mr.N.Ramesh Arumugam, Government Advocate.

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2 W.A.(MD)NO.1126 OF 2025

J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard the learned counsel appearing for the appellant and the learned Additional Advocate General appearing for the respondent.

2. The respondent has issued tender notification for supply of raw materials and other miscellaneous articles that are required for the manufacturing sections in various prison industries across Tamil Nadu for the year 2025-26.

3. Since the petitioner was not allowed to participate in the tender process, he filed W.P.(MD)No.3371 of 2025 to permit him to participate in the tender process. The writ petition was dismissed on 04.03.2025. Challenging the same, this writ appeal came to be filed.

4. The learned counsel for the appellant reiterated all the contentions set out in the grounds of appeal.

5. The learned Additional Advocate General submitted that the last date for submission of tender was on 05.02.2025; the appellant's technical bid was rejected. Work order was issued to L1 on 06.06.2025 and that nothing survives for further adjudication in this writ appeal.

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3 W.A.(MD)NO.1126 OF 2025

6. We endorse the stand of the learned Additional Advocate General that this writ appeal has become infructuous. We wanted to know as to why the appellant was prevented and his technical bid was rejected. It is submitted that the appellant was implicated as an accused in Crime No.15 of 2024 on the file of Vigilance and Anti-Corruption, Madurai and that the pendency of the FIR against the appellant is a ground for disqualification.

7. We have our own doubts as to whether it can be a ground for disqualification. Admittedly, the appellant has not been blacklisted till date. It is necessary to publish the grounds of disqualification in the future tender notifications. Be that as it may, in view of the subsequent developments, we are not inclined to interfere with the order of the learned single Judge. This writ appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 13th June 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.A.(MD)NO.1126 OF 2025 G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU To:

The Director General of Prisons and Correctional Services, No.6, Annal EVR Maniammaiyar Salai, Egmore, Chennai - 600 008.

W.A.(MD)No.1126 of 2025 13.06.2025 4/4