IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP No. 41867 OF 2024 C.P.Foods, Rep. by its Partner S.Manikandaprabhu

52, South Car Street Virudhunagar – 626 001.

..Petitioner(s)

Vs Tamil Nadu Civil Supplies Corporation Rep. by the Managing Director, TNCSC Head Office, CMRL Office Campus Poonamallee High Road Koyambedu, Chennai - 600 107.

..Respondent(s)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in Proc. No. BS6/028829/2024(1) DATED 06.11.2024 and the connected proceedings issued by the respondent therein and quash the same.

For Petitioner: Mr.S.Manuraj For Respondent: Mr.M.K.Kabir, Senior Counsel for Mr.C.Selvaraj

ORDER

The above writ petition has been filed for issue of certiorari to call for the records of the respondent relating to Proc.No.BS6/028829/2024(1) dated

06.11.2024 and quash the same and also the connected proceedings issued thereafter.

2. The short facts which has given rise to the above writ petition are as follows :

(a)The respondent has floated a tender for “The Purchase of 60,000 metric tonnes of any one of Dal” by Notice Issued Tender No. BS6/028829/2024 [NIT] dated 23.08.2024. The petitioner had paid the Earnest Money Deposit of Rs.5,11,50,000.00 on 09.09.2024. Pursuant to which, the petitioner was selected and directed to supply 12,000 MT of Canadian Yellow Lentil Whole Husked and Laired No.2 (in short 'CYL') at Rs.1,31,000/- per MT. A confirmation letter dated 16.09.2024 was issued which details that for the month of October, November and December 2024, the supply should be made in three spells viz., 4,600 MT + 4,700 MT and 2,600 MT. This letter also indicated that the supply must start immediately and to complete the supply aforesaid quantity on or before 16.10.2024, 16.11.2024 and 16.12.2024.

(b) The petitioner would submit that without reference to them, the respondent had arbitrarily revised the quantities of supply for each spell at 4,600 MT + 4,700 MT and 2,600 MT instead of the apportioned quantity of 4,000 MT every month. The petitioner had signed the agreement on 24.09.2024 and had commenced the supply. However, for reasons beyond the control of the petitioner, there was a delay in the supply, earlier on account of mechanical defects and later, due to unfavourable cyclonic weather and onset of festival holidays in October. These factors for delay were communicated to the respondent in the meetings held in the month of September and October, 2024. The petitioner had assured the respondent that the supply would be honoured and completed as soon as possible.

(c)On 17.10.2024 and 14.10.2024, the respondent had issued show cause notices to the petitioner as to why a penal action should not be taken as per Clause 20(e) of the tender documents. The petitioner had submitted its explanation vide letter dated 19.10.2024, setting out the reasons for the delay and providing the details of the shipments. However, the respondent had neither sent a reply nor notified the petitioner about the cancellation of their order.

(d) The respondent thereafter floated a new tender dated 17.10.2024 calling for “The Purchase of 12,000 MT of Any One Dal” that was already allotted to the suppliers in previous tender in NIT dated 23.08.2024. Pursuant to the new tender, the respondent had also issued confirmation letter dated 28.10.2024 to one Kendriya Bhandar and Arunachala Impex directing them to supply 7,500 MT and 4,500 MT of Toor Dal at the rate of Rs.1,38,540/-.

(e)Despite the issuance of confirmation to the new suppliers to supply

12,000 M.T vide NIT dated 17.10.2024, the petitioner continued to supply the ordered quantity pertaining to the month of October, 2024. However, by the impugned proceedings dated 06.11.2024, the respondent had cancelled the agreement partially pertaining to the unsupplied quantity of 2,357.785 MT and initiated recovery for the differential sum of Rs.1,77,7