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2023 Supreme(Mad) 1475
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
M/s. C.P. Foods, A Partnership Firm represented by its Authorised Signatory, M.Arumugam, – Appellant
Versus
The Government of Tamilnadu, Represented by the Secretary to Government, Cooperation, Food & Consumer Protection Department, Chennai & Others – Respondents
W.P. No. 2377 of 2023 & W.M.P. No. 2456 of 2023
Decided On : 03-03-2023
Advocates appeared:
For the Petitioner:P.R. Raman, Senior Advocate. R. Revathi, Advocate. For the Respondents:R1 to R2, J. Ravindran, Additional Advocate General, T. Seenivasan, Special Government Pleader, R3, C. Selvaraj, Additional Government Pleader.
For the Petitioner:P.R. Raman, Senior Advocate. R. Revathi, Advocate. For the Respondents:R1 to R2, J. Ravindran, Additional Advocate General, T. Seenivasan, Special Government Pleader, R3, C. Selvaraj, Additional Government Pleader.
The authority of a Government Order and the supremacy of the Legislature in determining the policy for the welfare of the people must be upheld by the Court.
Headnote:
Mandamus - E-Tender - G.O.(Ms).No.123 - [Canadian Yellow Lentil] - [Cooperation, Food and Consumer Protection] - [G.O.(Ms) No.106, Co-operation, Food and Consumer Protection (F1) Department, dated 04.04.2007; G.O.(Ms) No.35, Co-operation, Food and Consumer Protection (F1) Department, dated 22.03.2022] - The court discussed the Government Order G.O.(Ms).No.123, which extended the scheme of Special Public Distribution System for a period of six months from April 2022 to September 2022 for supply of one Dal i.e. Tur Dal / Canadian Yellow Lentil and Palmolein Oil to meet cent percent requirement of the existing family cardholders. The court emphasized the authority of the Government Order and its reflection of the policy of the Government, highlighting that the Board Sub-Committee had no authority to interfere with the Government Order and that the supremacy of the Legislature in determining the policy for the welfare of the people must be upheld by the Court.
Fact of the Case:
The petitioner, M/s.C.P.Foods, sought a direction to amend an E-Tender to include Canadian Yellow Lentil based on a Government Order. The petitioner had participated in previous tenders and claimed that their bid for Canadian Yellow Lentil was the best deal, but the order was not placed. The Government had extended the scheme of Special Public Distribution System to supply either Tur Dal or Canadian Yellow Lentil and Palmolein Oil, but the tender was only for Tur Dal.
Finding of the Court:
The court found that the Board Sub-Committee had no authority to interfere with the Government Order and that their decision to restrict the supply to only Tur Dal worked against the interest of the Government. The court allowed the Writ Petition and issued a Mandamus to act in accordance with the Government Order.
Issues: The main issue was whether a Government order can be interfered with by a Board Sub-Committee and the authority of such a Board Sub-Committee to alter the policy which had already been determined by the Government and had achieved statutory status by passing of the Government order.
Ratio Decidendi: The court emphasized the authority of the Government Order and its reflection of the policy of the Government, highlighting that the Board Sub-Committee had no authority to interfere with the Government Order and that the supremacy of the Legislature in determining the policy for the welfare of the people must be upheld by the Court.
Final Decision: The Writ Petition stands allowed, and a Mandamus is issued to act in accordance with the Government Order and not contrary to the said Government Order.
JUDGMENT
(Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to amend the E.Tender No.TNCSC/22-23/ET-58 dated 24.01.2023 inconsonance with G.O.(Ms).No.123, Cooperation, Food and Consumer Protection (F1) Department dated 15.11.2022 of the 1st respondent by including Canadian Yellow Lentil and permit the petitioner to participate in the tender.)
1. This Writ Petition has been filed in the nature of a Mandamus seeking a direction to the 3 rd respondent / the Managing Director, Tamil Nadu Civil Supplies Corporation, to amend the E-Tender No.TNCSC/22-23/ET-58 dated 24.01.2023 inconsonance with GO (Ms) No.123, Cooperation, Food and Consumer Protection (F1) Department dated 15.11.2022 of the 1 st respondent / the Secretary to Government, Cooperation, Food and Consumer Protection Department, Government of Tamil Nadu, Chennai by including Canadian Yellow Lentil and permit the petitioner to participate in the tender.
2. In the affidavit filed in support of the writ petition, it had been stated that the petitioner, M/s.C.P.Foods, a Partnership Firm with office at Virudhunagar had commenced business in the year 2001. They are in the business of supply of pulses, spices and other essential commodities including oil. They had been supplying various products to the 3rd respondent for the past 15 years through tenders floated by the 3 rd respondent. It had been stated that, from the year 2017, only one Dal namely, Tur Dal / Canadian Yellow Lentil and Palmolein Oil were supplied to the family cardholders / public. The Special Public Distribution Scheme had been introduced to control the price of Dal and Oil in the market.
3. It had been stated that thereafter, the 1 st respondent had issued G.O.Ms.No.123 dated 15.11.2022, wherein the Government had extended the Special Public Distribution System for a further period from 01.10.2022 to 31.03.2023 to supply any one dal namely, Tur Dal/Canadian Yellow Lentil as well as Palmolein Oil.
4. The petitioner claimed that the firm had participated in earlier tenders floated by the 2nd and 3rdrespondents from the year 2007 and had supplied Canadian Yellow Lentil to the respondents. It was also stated that the petitioner had also participated in the previous tender floated by the 3rd respondent on 14.12.2022 for supply of Tul Dal / Canadian Yellow Lentil. The petitioner had valued the cost 6000 Metric tones of Canadian Yellow Lentil at Rs.1,02,400/- per Metric Ton. It is claimed by the petitioner that their bid was declared as best deal. However, the 3rd respondent had not placed the order. The 1 st respondent had however purchased the Tur Dal at Rs.1,03,080 per metric ton which was Rs.1,501/- over and above the price quoted by the petitioner herein. It had been stated that the 1st respondent had thus purchased 6000 Metric Ton of Tur Dal at more than Rs.2,00,00,000/- over and above, the rate quoted by the petitioner herein.
5. The petitioner claimed that both Canadian Yellow Lentil and Tur Dal as available in the local market are practically the same and have the same nutritious value. They have been interchangeably purchased by the 3 rd respondent for supply through the Public Distribution System. For this purpose G.O (Ms) No.123 had actually been passed by the Government on 15.11.2022.
6. It had been further stated that the 3rd respondent had placed a short e-tender notice on 24.01.2023 for purchase of 20,000 Metric Tones of Tur Dal alone. Claiming that the 3 rd respondent should also included Canadian Yellow Lentil in accordance with the scheme as projected in G.O (Ms) No.123 dated 15.11.2022, the writ petition has been filed.
7. It had been stated that omission to invite bids for supply of Canadian Yellow Lentil had directly affected the petitioner as the petitioner had purchased substantial quantities of Canadian Yellow Lentil in the hope that bids would be called for supply of Canadian Yellow Lentil by the respondents he
