W.P.(MD)Nos.27409 & 27426 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2023

CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.(MD)Nos.27409 & 27426 of 2023

Sridhar

..

Petitioner in both W.Ps

Vs.

1. The State of Tamil Nadu

Rep. by its Secretary

Department of Civil Supplies and Consumer Protection

St. George Fort, Chennai – 600 009.

2. The Managing Director

Tamil Nadu Civil Supplies Corporation

12, Thambusamy Road, Kilpauk

Chennai – 600 010.

..

Respondents in both W.Ps

Prayer in W.P.(MD)No.27426 of 2023: Petition filed under Article 226

of the Constitution of India seeking a writ of certiorari, calling for the

entire records pertaining to the impugned notification issued by the

second respondent in short E-tender No.BS3/042090/2023-

TNCSC/23-24 dated 08.11.2023 and quash the same as illegal and

violative of the Tamil Nadu Transparency in Tenders Rules, 2000;

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W.P.(MD)Nos.27409 & 27426 of 2023

Prayer in W.P.(MD)No.27426 of 2023: Petition filed under Article 226

of the Constitution of India seeking a writ of certiorari, calling for the

entire records pertaining to the impugned notification issued by the

second respondent in short E-tender No.BS6/042085/2023-

TNCSC/23-24 dated 08.11.2023 and quash the same as illegal and

violative of the Tamil Nadu Transparency in Tenders Rules, 2000.

For the Petitioner

in both W.Ps

: Mr.N.Manokaran

For the Respondents

in both W.Ps

: Mr.R.Shunmugasundarm

Advocate General

assisted by Mr.C.Selvaraj

and Ms.A.G.Shakeena

for R1

COMMON ORDER

(Made by the Hon'ble Chief Justice)

Heard Mr.N.Manokaran, learned counsel for the petitioner and

Mr.R.Shunmugasundaram, learned Advocate General assisted by

Mr.C.Selvaraj, learned counsel and Ms.A.G.Shakeena, learned counsel

for the first respondent.

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W.P.(MD)Nos.27409 & 27426 of 2023

2. Learned counsel for the petitioner submits that tenders were

invited for purchase of 600 lakh 1 litre pouches of fortified RBD

Palmolein oil and 60,000 metric tonnes of any one Dal, viz., Tur Dal

(split – husked & fatka – indigenous) / Tur Dal (split – husked –

imported) / Lentil, locally known as Canadian Yellow Lentil (split –

husked & laired No.2) / Lentil, locally known as Canadian Yellow

Lentil (whole – husked & laired No.2). The value of the tenders is

more than Rs.2 crores.

3. According to the learned counsel for the petitioner, as per the

Tamil Nadu Transparency in Tenders Rules, 2000 [for brevity, “Rules

of 2000”], if the tender amount mentioned is in excess of Rs.2 crores

in value, then the time between the date of publication of notice

inviting tenders and the date of opening of tenders should be more

than thirty days. In the present cases, the impugned notifications

notify only thirteen days to submit the bid and the same is violative

of Rule 20 of the Rules of 2000.

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W.P.(MD)Nos.27409 & 27426 of 2023

4. Learned Advocate General submits that the Government,

under G.O.(Ms).No.134 dated 27.09.2023, has issued orders to

extend the scheme of Special Public Distribution System for a period

of three months from October, 2023 to December, 2023. It is further

submitted that a proposal has been sent to the Government under

letter dated 12.10.2023 for further extension of the Special Public

Distribution Scheme from January, 2024 to June, 2024. The orders

are awaited.

5. The requirements have been considered and the Board has

passed a resolution for inviting short e-tenders. The products are

required under the Public Distribution System scheme. The same is

for the benefit of the people at large. The respondents have spelt out

in the resolution the necessity for short tender notice. The Rules have

not been violated. Sub-Rule (2) of Rule 20