Madras High Court
K.Gopalsamy vs The District Collector on 12 February, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P(MD)No.1598 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.1598 of 2024 and
WMP(MD) Nos.1857 & 3353 of 2024
K.Gopalsamy ... Petitioner
Vs
1.The District Collector,
O/o District Collectorate,
Virudhunagar District.
2.The District Manager,
Tamilnadu State Marketing Corporation Limited,
Virudhunagar District.
3.The Assistant Manager,
Tamilnadu State Marketing Corporation Limited,
Virdhunagar District. ... Respondents
PRAYER :Writ Petition filed under Article 226 of the Constitution
of India, seeking for the issuance of Writ of Mandamus, directing the
respondents not to grant licence or permission to anyone for shifting
the snacks shop bearing No.12009, situated in Sengamalapatti
Village, Sivakasi Taluk, Virudhunagar District, by considering the
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1598 of 2024
petitioner's representation dated 22.12.2023 within the time that may
be stipulated by this Court.
For Petitioner : Mr.V.Sebastinal Preethi
For R1 : Mr.A.Baskaran
Additional Government Pleader
For R2 & R3 : Mr.H.Arumugam
Standing Counsel
ORDER
The petitioner is running a TASMAC Shop No.12009, Sengamalapatti Village, Sivakasi Taluk, Virudhunagar District in a rental building. The petitioner has participated in E-tender called for by the respondents, vide notification dated 07.10.2023 for collection of empty bottles and selling of eatables for various TASMAC shops located in Virudhunagar District. The grievance of the petitioner is that though the petitioner is having all eligibility criteria, the licence for collection of empty bottles and selling of eatables was granted to another person and the successful bidder is now proposed to shift the TASMAC Shop No.12009 without getting No Objection Certificate from the owner of the building. Therefore, the petitioner has 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.1598 of 2024 submitted a representation to the respondents on 22.12.2023 and filed this writ petition.
2.The learned counsel appearing for the petitioner submits that as per the terms and conditions of Tamil Nadu State Marketing Corporation Ltd, the contractor should obtain No Objection Certificate from the building owner before shifting the shop. He further submits that the District Collector has also issued specific directions vide proceedings in Mu.Mu.K2/5170/2022 that prior permission from the District Collector is required for shifting of the shops.
3.The learned standing counsel appearing for the respondents 2 & 3 submits that the petitioner and three others have participated in the tender. The tender was opened on 12.12.2023 in the presence of the District Collector, Virudhunagar District. The petitioner has quoted Rs.75,400/-, whereas, the other bidder, namely, Muruganandam has quoted Rs.80,000/- and he has produced No 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.1598 of 2024 Objection Certificate from the owner of the building. Therefore, he was declared as successful bidder and licence was also issued to him on 19.12.2023 for a period from 19.12.2023 to 31.12.2025. He further submits that as per the tender condition, the successful bidder alone has to produce the No Objection Certificate and there is no need to produce NOC as a precondition to participate in the tender. Therefore, this writ petition is liable to be dismissed.
4.This Court considered the rival submissions made and also perused the materials placed on record.
5.The grievance of the petitioner is that though the petitioner is holding all the eligibility criteria, the respondent Corporation has granted licence to another person and he has attempted to shift his shop to some other place. Though the petitioner claims that he is having all the eligibility criteria, he has not even mentioned the amount quoted by him in the affidavit. On perusal of the counter affidavit, it reveals that the petitioner has 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.1598 of 2024 quoted Rs.75,400/-, whereas, the successful bidder has quoted Rs.80,000/-. More over, a condition has been prescribed that the successful bidder alone can produce the No Objection Certificate. Therefore, on production of No Objection Certificate by the successful bidder, the licence has been granted to him on 19.12.2023. It appears that the petitioner has not impleaded the successful bidder as a party to this writ petition.
6.In view of the above, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous petitions are closed.
12.02.2024 NCC : Yes / No. Index : Yes / No. Internet : Yes.
vrn 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.1598 of 2024 To
1.The District Collector, O/o District Collectorate, Virudhunagar District.
2.The District Manager, Tamilnadu State Marketing Corporation Limited, Virudhunagar District.
3.The Assistant Manager, Tamilnadu State Marketing Corporation Limited, Virdhunagar District.
6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.1598 of 2024 B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.1598 of 2024 and WMP(MD) Nos.1857 & 3353 of 2024 12.02.2024 7/7 https://www.mhc.tn.gov.in/judis