Public servant petitioned for a writ to allot a TASMAC shop bar where he was the highest bidder but was denied in favor of the second bidder due to lack of land owner No Objection Certificate. The court dismissed the petition as the petitioner failed to cure the defect despite being given an opportunity.
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W.P.(MD)No.351 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.351 of 2024 and W.M.P.(MD)Nos.348 and 350 of 2024
A.Rajendiran
... Petitioner
versus
TASMAC, Theni.
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 22.12.2023 passed by the 2nd respondent vide his proceedings Na.Ka.No.0876/2023/A5 consequently direct the 2nd respondent to allot the bar attached with the
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Tasmac shop No.8613 to the petitioner.
For Petitioner : Mr.K.Gokul For R1 and R2 : Mr.S.Sivanesan Standing Counsel
ORDER
The petitioner has participated in the tender invited by the TASMAC for running a Bar attached with the Tasmac shop No.8613, where, he was declared as the highest bidder. Instead, the 2nd respondent, by the impugned order dated 22.12.2023, selected the second successful bidder, namely, the 3rd respondent herein. Challenging the same, the petitioner has filed this writ petition.
and 2 submits that in the tender notification, it has been specifically stated that the persons, who are intending to participate in the tender, should obtain No Objection Certificate from the land owners. Since the petitioner was not having No Objection Certificate from the land
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owner, his bid was not considered by the 2nd respondent.
has expressed his difficulty in getting No Objection Certificate from the land owner.
11.01.2024
ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.
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W.P.(MD)No.351 of 2024
B.PUGALENDHI, J.
ogy
To
TASMAC, Theni.
W.P.(MD)No.351 of 2024
11.01.2024
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2 issues framed by the court
Whether the writ petition can be entertained when the petitioner failed to obtain a required No Objection Certificate from the land owner as stipulated in the tender notification.
Whether the failure to comply with the specific tender condition regarding land owner consent despite the court offering an opportunity to rectify warrants dismissal.
A. Rajendiran
The Senior Regional manager, Tamilnadu State Marketing Corporation Ltd.
The District Manager/ Deputy Collector, TASMAC, Theni
K. Chelladurai
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
