Saravana Kumar.K v. The Managing Director

1 W.P.(MD)NO.18267 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18267 of 2022 K.Saravana Kumar ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), 4th Floor, CMDA Towers No.2, Egmore, Chennai - 600 006.

2. The Regional Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), K.K.Nagar, Madurai.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madathur, Thoothukudi District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to conduct the tender process in a free and transparent manner by appointing an Advocate Commissioner on 18.08.2022 at the third respondent office at 5.00 p.m. at Thoothukudi on the basis of the petitioner's representation dated 03.08.2022.

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2 W.P.(MD)NO.18267 OF 2022 For Petitioner : Mr.C.Jeganathan For Respondents: Mr.B.Jameel Arasu, Standing counsel.

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner wants this Court to appoint an Advocate Commissioner to oversee the tender process floated by the third respondent. This is to be finalised on 18.08.2022. There is no provision in the statutory rules for appointing an Advocate Commissioner. The third respondent is the statutory authority and this Court has to assume that he will discharge his functions in a regular manner and no adverse presumption can be drawn against the third respondent. However, it is directed that the tender box will be opened and all the tender applications will be taken out only in the presence of the applicants present in the spot. The entire process will be duly video-graphed. The direction to video-graph is given because allegation is made that the forms were filled up by later. 2/4

3 W.P.(MD)NO.18267 OF 2022

3. This writ petition stands disposed of. No costs. 12.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Managing Director, Tamil Nadu State Marketing Corporation Ltd. (TASMAC), 4th Floor, CMDA Towers No.2, Egmore, Chennai - 600 006.

2. The Regional Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), K.K.Nagar, Madurai.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madathur, Thoothukudi District.

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4 W.P.(MD)NO.18267 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.18267 of 2022 12.08.2022 4/4