Petitioner, second highest bidder in a TASMAC snacks shop tender, sought a writ for licence due to first bidder's document non-submission. Court noted a public protest caused the tender decision to be deferred.
Writ petition closed; liberty granted to petitioner to participate in the tender if the shop is shifted.
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W.P.(MD)No.1132 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.1132 of 2024 and W.M.P.(MD)No.1149 of 2024
Kamaraj Packianath
... Petitioner
versus
Madurai Region, Anna Nagar, Madurai – 20.
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent No.2 herein to grant licence to the petitioner for the sale of eatables and collection of empty bottles with respect to the TASMAC Retail Shop
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Bearing No.4836 at Nagercoil in the light of the condition No.4 of Tender Conditions of the Tender in ID No.2023_TASMA_376774_1 with Tender Ref.No.A3/8845/2023, within the time period stipulated by this Court.
For Petitioner : Mr.S.Rajasekar
For Respondents : Mr.S.Sivanesan, Standing Counsel
ORDER
The petitioner has participated in the tender floated by the second respondent/TASMAC for running a snacks shop and to collect the empty bottles with respect to the TASMAC Retail shop No.4836 at Nagercoil and he was declared as the second highest bidder. According to him, as per the tender conditions, if the first highest bidder is not able to furnish the rental agreement and self-declaration of the landlord for operation of the snacks shop, the second highest bidder is eligible for allotment of shop. It is the grievance of the petitioner that though the 2nd respondent has issued proceedings to the first highest bidder,
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directing him to produce the rental agreement and self-declaration of the landlord, the first highest bidder has not produced the same sofar and therefore, he has submitted a representation dated 24.12.2023 to the second respondent that he is ready to accept the first highest bid amount and has sought for allotment of shop. Since the said representation has not been considered by the second respondent, the petitioner has filed this writ petition for a Mandamus, directing the second respondent to grant licence to him to run the snacks shop.
for the respondents/TASMAC, submits that as there is a public protest against the TASMAC shop situated at Agatheeswaram, Nagercoil, the respondents have decided to shift the TASMAC shop and therefore, they have not taken any decision on the tender conducted earlier.
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second respondent is intending to float, after the shifting of shop. No costs. Consequently, connected miscellaneous petition is closed.
22.01.2024
ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To
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B.PUGALENDHI, J.
ogy
W.P.(MD)No.1132 of 2024
22.01.2024
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2 issues framed by the court
Whether the petitioner, declared second highest bidder, is entitled to allotment of the TASMAC shop licence due to the failure of the first highest bidder to produce documents.
Whether the respondent is justified in pending the decision on the tender due to a public protest regarding the shop location.
1 provisions across 1 enactments
Kamaraj Packianath
The Regional Manager, Tamilnadu State Marketing Corporation Ltd. (TASMAC), Madurai Region
The District Manager, Tamilnadu State Marketing Corporation Ltd. (TASMAC), Nagercoil
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
