The High Court of Judicature at Madras dismissed a writ petition seeking mandamus to award a tender for school bags. The court held that the petition was infructuous because the tender period had already expired.
No relief; writ petition dismissed as infructuous due to expiry of the tender period. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
W.P. No. 30277 of 2017
and
W.M.P. No. 32995 of 2017
M/s. Shine Plast
Rep. by its Proprietor
No.82, Rishaldar Street
2nd Cross, Sheshadripuram
Bangalore 560 020
.. Petitioner
Versus
1. State of Tamil Nadu The Secretary Department of School Education St. George Fort, Chennai 600 009
2. Tamil Nadu Textbook and Educational Services Corporation Rep. by the Managing Director E.V.K. Sampath Maaligai No.68, College Road Chennai 600 006
3. Sunshine India Company 6127/2, Shankar Market Nabi Karim, Jhandewalan Road New Delhi 110 055
4. Attal Plastics
3-4-468, 1st Floor
Opp. Reddy Womens College
Barkatpura, Hyderabad 500 027 .. Respondents
Writ Petition filed under Article 226 of the Constitution
of India to issue a Writ of Mandamus directing the first and
second respondent herein to consider the petitioner's price bid
in the tender bearing Ref. R.C.No.8819/C1/2016 for the supply
and delivery of school bags to the school children in Tamil Nadu
on Annual Rate Contract Basis for the year 2017-2018 and
thereafter award the tender.
For Petitioner : M/s. Pushpa Menon
For Respondents : Mr.Stalin Abhimanyu (For R1-R2)
Government Counsel
ORDER
The prayer made in this Writ Petition is to issue Writ of
Mandamus directing the first and second respondent to consider
the petitioner's price bid in the tender for the supply and
delivery of school bags to the school children in Tamil Nadu on
Annual Rate Contract Basis for the year 2017-2018 and thereafter
award the tender.
2. Today, when this matter was taken up for
consideration, the learned counsel for the petitioner submitted
that the tender period itself was over and hence, nothing
survives for further adjudication in this writ petition.
3. In view of the above submissions made by the
learned counsel for the petitioner, this writ petition is
dismissed as having become infructuous. No costs. Consequently,
connected miscellaneous petition is closed.
// True Copy //
Sub Assistant Registrar
dhk
To
1. State of Tamil Nadu
The Secretary
Department of School Education
St. George Fort, Chennai 600 009
2. Tamil Nadu Textbook and Educational Services Corporation
Rep. by the Managing Director
E.V.K. Sampath Maaligai
No.68, College Road
Chennai 600 006
+1CC to The Government Pleader, SR.No. 48624
WP No. 30277 of 2017
AK II(CO)
B.VC (13/10/2021)
1 issue framed by the court
Whether the writ petition involving the non-consideration of a price bid in a tender procurement process is maintainable when the tender period has expired.
1 provisions across 1 enactments
M/s. Shine Plast Rep. by its Proprietor
State of Tamil Nadu The Secretary Department of School Education
Tamil Nadu Textbook and Educational Services Corporation Rep. by the Managing Director
Sunshine India Company
Attal Plastics
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court