IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2019

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN

AND

THE HONOURABLE MR JUSTICE P. VELMURUGAN

W.A. NO. 3172 of 2019

&

C.M.P. No. 20037 of 2019

National Federation of Farmers Procurement

Processing and Retailing Cooperatives of

India Limited (NACOF)

rep. by its Manager,

Mr.Ramjeet Satyarthi

..Appellant/Petitioner

Vs.

1.

The Commissioner,

Civil Supplies and Consumer

Protection Department,

Government of Tamil Nadu,

Chepauk, Chennai 600 005.

2.

Tamil Nadu Civil Supplies Corporation,

rep. by its Managing Director,

No.10, Thambusamy Road,

Kilpauk, Chennai – 600 010.

3.

M/s. Kendriya Bhandar,

Central Revenue Quarters,

15^th Main Road,

Anna Nagar West,

Chennai 600 040.

..Respondents/Respondents

Prayer:

Writ Appeal as against the order dated 09.09.2019 in

W.P. No. 26946 of 2019.

Prayer in W.P. No. 26946 of 2019: Writ Petition is filed under

Article 226 of the Constitution of India, praying for the issue

of Writ of Certiorarified Mandamus, to call for the records in

proceedings nil, dated 16.08.2019 on the file of second

respondent awarding the supply of S-30 grade sugar as per

IS498:2003 to the third respondent and quash the same and

consequential direct the second respondent to award the tender

to the petitioner in pursuance to their offer dated 05.08.2019.

https://hcservices.ecourts.gov.in/hcservices/

For Appellant

::

Mr.V. Lakshmi Narayanan for

Ms.R. Sripriya

For Respondents::

Mr.L.P.Shanmugasundaram

Special Govt.Pleader for R1

Mr.Vijay Narayan,

Advocate General,

assisted by

Mr.L.P.Shanmugasundaram

Special Govt. Pleader for R2

J U D G M E N T

(Judgment of the Court was delivered by N.KIRUBAKARAN,J.)

The writ appeal has been preferred by the unscucessful

bidder for supply of 75000 MTs of S-30 Grade Sugar as per the

specifictions for the season 2010-2011 to be supplied to the 2^nd

rspondent, namely, Tamil Nadu Civil Supplies Corporation. The

appellant who wanted to participate in the tender took samples

of sugar as required in the tender documents and presented

before the 2^nd respondent on 31.07.2019, but the 2^nd respondent

refused to receive the same. Therefore, the appellant was

compelled to lodge a complaint on 31.07.2019 giving the details.

Thereafter, on 02.08.2019, a complaint was made to the 1^st

respondent pointing out the unfair practice. There was no reply

and the appellant was compelled to send another communication on

05.08.2019 to the official respondents requesting to offer the

contract to supply 15000 MTs of S-30 sugar @ Rs.39,500/-per MT

which could be delivered at points of delivery. A communication

dated 09.08.2019 was received from the 1^st respondent stating

that necessary action would be taken based on the petitioner's

complaint. In the meanwhile, the 2^nd respondent awarded the

tender in favour of the 3^rd respondent for suppy of 30, 000 MTs

of S-30 Sugar @ Rs.47,500/- per MT. The award of the said

contract to the 3^rd respondent was challenged before the learned

Single Judge by way of a writ petition. The learned Single

Judge, after considering the contentions of both parties

dismissed the writ petition and therefore,the petitioner is

before this Court by way of this intra court appeal.

2.

Heard Mr.V.Lakshmi Narayanan, learned counsel for the

appellant and Mr.Vijay Narayan, learned Advocate General for the

respondents.

3.

Though Mr.V.Lakshmi Narayanan, learned counsel for the

appellant would point out that the appellant complied with the

time schedule as per the tender by giving two samples of sugar

on 31.07.2019, it was refused to be received. A perusal of the

https://hcservices.ecourts.gov.in/hcservices/

tender document would make it clear that two samples of 1Kg

packet of S-30 Grade Sugar as per the specifications indicated

in Annexure A should be submitted at Tamil Nadu Civil Supplies

Corporation Head Office before two working days fr