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Madras High CourtWP(MD)/18585/2020closed

Star Seven Eleven v. The Commissioner

2023-10-06Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)Nos.15543 of 2020 and 1292 & 1293 of 2021 M/s.Star Seven Eleven, Represented by its Proprietor, P.Nagarathinam, G,26/1, Star 7,11, Ramiyah Street, Jaihindpuram, Madurai.

.. Petitioner

Versus

1.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai.

2.The City Engineer, Madurai Corporation, Madurai.

3.TANSIM, Represented by its Vice Chairperson, The Additional Secretary to Government, Micro, Small and Medium Enterprises Department, Secretariat, Chennai.

.. Respondents [R3 is suo motu impleaded vide order dated 05.02.2021] Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned order passed by the 1st respondent in A1/013898/2017 - 2018 dated 19.01.2021 and the 2nd respondent in Ma.Po. 1/4

2/L1/000423/2021 dated 19.01.2021, quash the same and consequently issue a direction, directing the respondents to accept the tender submitted by the petitioner for the tender Notification No.72/2020, vide proceedings in A1/013898/17-18 called by the 2nd respondent, dated 10.11.2020 (extended on 24.11.2020) and consider the petitioner for the said tender in the light of G.O.No.7, dated 22.11.2019, if the petitioner is otherwise eligible. [Prayer amended vide order dated 29.01.2021 made in W.M.P.(MD)No.1294 of 2021] For Petitioner :

Ms.Porkodi Karnan for M/s.Polax Legal Solutions For R1 and R2 :

Mr.S.Vinayak Standing Counsel For R3 :

Mr.R.Ragavendran Government Advocate

ORDER

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned order passed by the first respondent in A1/013898/2017 - 2018, dated 19.01.2021 and the second respondent in Ma.Po.2/L1/000423/2021, dated 19.01.2021, quash the same and consequently, to issue a direction, directing the respondents to accept the tender submitted by the petitioner for the tender Notification No. 72/2020, and consider the petitioner for the said tender in the light of G.O.No. 7, dated 22.11.2019, if the petitioner is otherwise eligible. 2/4

2. When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the respondent Corporation submitted that the tender itself was cancelled subsequently. In view of the same, nothing survives for further adjudication in this Writ Petition.

3. Recording the same, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes/No 06.10.2023 Index : Yes/No smn2 To 1.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai.

2.The City Engineer, Madurai Corporation, Madurai.

3.The Vice Chairperson/Additional Secretary to Government, TANSIM, Micro, Small and Medium Enterprises Department, Secretariat, Chennai.

3/4

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.18585 of 2020 and W.M.P.(MD)Nos.15543 of 2020 and 1292 & 06.10.2023 4/4