TASMAC Bar Association vs Tamil Nadu State Marketing Corporation TASMAC

T.S. Sivagnanam, J.—Mr. J. Ravindran, learned Standing Counsel takes notice for the respondents.

The prayer in the writ petition is for a Mandamus to forbear the respondents from conducting the tender in terms of the Notification made in

Dina Malar"" Newspaper, Tiruppur Edition dated 03.05.2010.

The petitioner is an Association stated to be registered under the provisions of the Tamil Nadu Societies Registration Act and they are aggrieved

by the Notification dated 03.05.2010, which has been issued by the second respondent calling for tenders for the purpose of running Bars

attached to the TASMAC shops for the year 2010-2011. According to the petitioner association, the tender notification does not contain a clause

insisting upon ""No Objection Certificate"" from the landlords of the premises. According to the petitioner association, this condition has been

included in all the notifications issued by the first respondent and one such notification issued by the first respondent in respect of Sivagangai

District has been filed in the typed-set of papers. Learned Counsel for the petitioners would therefore submit that on account of non-inclusion of

such clause, the entire tender process itself would get affected.

Per contra, the learned Standing Counsel for the respondents would submit that the petitioner association have no locus standi to question the

Notification dated 03.05.2010. It is further contended that the second respondent, who is the tender inviting authority, is competent to issue

Notification, wherein he can include all conditions depending upon the requirements and that in respect of Tiruppur District, there was no such

condition even for the past seven years.

Considering the fact that the petitioner is an association of persons, who are running Bars attached to the Wine Shops run by TASMAC, I am

of the view that the petitioner should first submit a representation to the first respondent pointing out their grievance. Therefore, the prayer sought

for in the writ petition cannot be granted at this stage. Hence, while disposing of the writ petition, there shall be a direction to the petitioner

association to submit a report to the first respondent on or before 13.05.2010 and if the same is submitted, the first respondent shall decide the

same on merits and in accordance with law on or before 18.05.2010. No costs. Consequently, M.P. No. 1 of 2010 is closed.