M/S. Star Seven Eleven v. The Development Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)Nos.21029 & 21030 of 2021 and W.M.P.(MD)Nos.17635, 17636, 17638, 17639, 17641 & 17642 of 2021 M/s.Star Seven Eleven, Represented by its Proprietor, P.Nagarathinam.

...Petitioner in both petitions

/Vs./ 1.The Development Commissioner, MSME, Nirman Bhavan, A-Wing, 7th Floor, Maulana Azad Road, New Delhi - 110 108.

2.State, Represented By Secretary to Government, Micro, Small and Medium Enterprises (D2) Department, Secretariat, Chennai.

3.National Small Industries Corporation Ltd., No.74, ADR Towers, 1st Floor, Kalavasal, Theni Main Road, Madurai - 625 016.

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

....Respondents in both petitions 1/4

PRAYER in W.P.(MD)No.21029 of 2021 :- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of CERTIORIFIED MANDAMUS calling for the records pursuant to the impugned notification No. Ma.Po.2/Est. No.234/2021-22 dated 13.11.2021 passed by the 4th Respondent and quash the same in respect of Clause 5 of Annexure 1.1 and Clause 10 of Instructions to the bidders, and consequentially direct the 4th Respondent to permit the Petitioner to participate in the Tender process as an MSME organisation and give them benefits available under the Tamilnadu Transparency in Tenders Act and Rules and consider the tender application of the Petitioner, if they are otherwise eligible.

PRAYER in W.P.(MD)No.21030 of 2021 :- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of CERTIORARIFIED MANDAMUS calling for the records pursuant to the impugned notification No. H2/014076/2021 dated 16.11.2021 passed by the 4th Respondent and quash the same in respect of Serial 5 of Annexure 1.1 and Clause 10 of Instructions to the bidders, and consequentially direct the 4th Respondent to permit the Petitioner to participate in the Tender process as an MSME organisation and give them benefits available under the Tamilnadu Transparency in Tenders Act and Rules and consider the tender application of the Petitioner, if they are otherwise eligible.

Appearance in both petitions:- For Petitioner : Mr.Porkodi Karnan For Respondents : Mr.V.B.Sundhareshwar (R1) Mr.R.Ragavendran (R2) Government Advocate Mr.S.Devasena (R4) No appearance (R3) 2/4

COMMON ORDER Learned counsel for the petitioner submits that the matter has become infructuous.

2. Recording the said submission, these writ petitions are closed having become infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

29.11.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:- 1.The Secretary to Government, Micro, Small and Medium Enterprises (D2) Department, Secretariat, Chennai.

3/4

N.ANAND VENKATESH, J.

sm Common Order made in W.P.(MD)Nos.21029 & 21030 of 2021 Dated:

29.11.2023 4/4