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Madras High CourtWP(MD)/19473/2021allowed

Alagunachi.P v. The Tamil Nadu State Transport

2021-10-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Third day of January Two Thousand and Twenty Two PRESENT The Hon'ble Mr.Justice M.SUNDAR WMP.(MD).No.19473 of 2021 IN W.P.(MD).No.22977 OF 2021 S.M.T.Ravi ... Petitioner - Vs. -

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.

2. The Regional Manager, Tamil Nadu State Marketing Corporation Limited, AnnaNagar, Madurai.

3. The District Manager, Tamil Nadu State Marketing Corporation (Madurai South), Kappaloor, Madurai District.

... Respondents Prayer in W.M.P.(MD).No.19473 of 2021 :- This petition filed under section 226 of Constitution of India to dispense with the production of the consequential impugned order passed by the 1st respondent vide his proceedings RC.No.06 / 10999/2018 dated 13/12/2021 and the inpugned order passed by the 3rd respondent in the news paper namely Tamil Sudar published on 14/12/2021 vide his proceedings Na.Ka.No.489/2019-2021/Aa dated 14/12/2021.

Prayer in WP(MD).22977/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order passed by the 1st respondent vide his proceedings R.C.No.06/10999/2018 dated 13.12.2021 and the consequential impugned order passed by the 3rd respondent in the news paper namely Tamil Sudar published on 14.12.2021 vide his proceedings Na.Ka.No.489/2019-2021/Aa dated 14.12.2021 and quash the same as illegal and consequential to direct the respondents to extend the period of license of the petitioner to run the TASMAC bar attached with the Shop No. 5169 situated in Solaialagupuram, Madurai district taking into consideration of the Covid-19 pandemic situation within the period that may stipulated by this court.

ORDER:- This Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.H.Mohammed Imran, Advocate for M/s.Ajmal Associates, Advocate for the Petitioner and of Mr.K.K.Udhayakumar, Advocate for Mr.H.Arumugam, Stanting counsel for the Respondents (TASMAC)and this court made the following order; In the captioned main writ petition proceedings of first respondent dated 13.12.2021 bearing Reference RC.No.06/10999/2018 inter alia setting out bar upset price qua areas adjoining various TASMAC shops and a newspaper notification dated 14.12.2021 bearing Reference No.e.f.vz;.489/2019-2021/M inviting tenders qua areas adjoining TASMAC shops have been called in question. 2.Adverting to the support affidavit in captioned Writ Miscellaneous Petition [WMP] Mr.

H.Mohammed Imran of M/s. Ajmal Associates [Law Firm] submits that the impugned proceedings of the first respondent and the impugned notice of the third respondent inviting tenders dated 13.12.2021 and 14.12.2021 respectively were not served on the writ petitioner.

3.This is obvious as they are more in the nature of generic proceedings and tender notice inviting bids published in a local daily. Therefore, the reason in favour of dispense with prayer is good enough.

4.In the light of the narrative thus far, captioned WMP is ordered as prayed for.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) TO

1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.

2. The Regional Manager, Tamil Nadu State Marketing Corporation Limited, AnnaNagar, Madurai.

3. The District Manager, Tamil Nadu State Marketing Corporation (Madurai South), Kappaloor, Madurai District.

ORDER DATED : 03/01/2022 ==========================

ORDER

========================== WMP.(MD).No.19473 of 2021 IN W.P.(MD).No.22977 OF 2021 Giving direction and etc.

as stated within.

KMV(CO) SB(12.01.2022) 3P 4C