Bar tender case affidavit copy mhc advocate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction )
W.P. No. 27513 of 2021
S.Shanmuga Sundaram, Shop No.4122,
No.60/67, Gandhi Road,
Kamaraj Nagar, Perungalathur,
Chennai – 600 063 .. Petitioner
.vs.
The Tamil Nadu State Marketing Corporation Limited (TASMAC)
Rep. by its District Manager,
Kancheepuram (North)
Industrial Estate, Thirumazhisai,
Kancheepuram District – 600 123. .. Respondent
AFFIDAVIT OF THE PETITIONER
I, S.Shanmuga Sundaram, son of Subramanian, Hindu, aged about 44 years, doing business at Shop No.4122, No.60/67, Gandhi Road, Kamaraj Nagar, Perungalathur, Chennai – 600 063, now temporarily come down to Chennai, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Petitioner herein and as such I am well acquainted with the facts and circumstances of the case.
2. It is humbly submitted that the Petitioner is the existing Bar Licensee of the TASMAC wine Shop No.4075. The Respondent has published the Tender Notice for grant of Bar Licence to sell eatable items and to collect the empty bottles from the bar premises for a period
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.2.
of two years from 1.1.2022 to 31.12.2023 in the Daily newspaper on 15.12.2021.
3. It is humbly submitted that as per the Tender Notice of the Respondent, the Tender Form can be obtained in the office of the Respondent from 15.12.2021 by tendering a Demand Draft for Rs.525/-. The Petitioner went to the office of the Respondent on 16.12.2021 with the Demand draft for Rs.525/- and requested the Respondent to issue the tender form to him. The Respondent has refused to issue the Tender form to the Petitioner with a malafide intention and for extraneous reasons. Since the Respondent has refused to issue the Tender form to the Petitioner, the Petitioner was constrained to send a requisition letter dated 16.12.2021 along with the demand draft to the Respondent, requesting the Respondent to issue the tender form to him for the Petitioner’s shop on 17.12.2021. Though the Respondent has received the letter of the Petitioner and the demand draft for Rs.525/-, the Respondent has not issued the Tender form to the Petitioner till date.
4. It is humbly submitted that as per the provisions of Section 9(4) of The Tami Nadu Transparency in Tenders Act, 1998, and the Tamil Nadu Transparency in Tender Rules, 2000,the Respondent/Tender
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.3.
Inviting Authority should have supplied the Tender documents to Petitioner from the date of publication of the Tender. However, the Respondent has wantonly and wilfully failed to supply the tender documents to the Petitioner from the date of publication of the Tender to
till date. As per the provisions of Rule 16 (2) (b) of the Tamil Nadu Transparency in Tender Rules, 2000, the Tender documents should also be made available free of cost in the website of the Tender Inviting Authority. However, the website of the Respondent /Authority, does not make available the Tender documents to the Petitioner till date.
5. It is humbly submitted that as per the provisions of Rule 20(1) of the Rules, 2000, there should be a minimum time of fifteen days for the tenders of the value of Rs.2.00 Crores, between the date of publication of the Tender Notice and the last date for submission of the tenders and for 30 days for tenders in excess value of Rs.2.00 Crores. Since the mandatory requirement of the minimum time is violated by the Respondent and thereby has prevented the Petitioner to have the minimum time to procure the tender documents, to prepare and to submit the tender documents, the entire Tender is arbitrary, unsustainable and against the provisions of The Tamil Nadu
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.4.
Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tender Rules, 2000. Unless this Honourable Court grants a direction directing the Respondent to issue the tender form to the Petitioner and to give adequate time /minimum time as stipulated in The Tamil Nadu
Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tender Rules, 2000, the Petitioner would be prevented from submitting his tender for the grant of Bar Licence to him. Therefore, an urgent order of Interim Direction is highly just and essential.
Aggrieved by the illegal action of the Respondent, having no other alternative remedy open, the Petitioner begs to invoke the extra-ordinary jurisdiction of this Honourable Court under Article 226 of The Constitution of India for the following among other :-
G R O U N D S
1. The action of the Respondent is arbitrary, unjust and illegal.
2. The action of the Respondent is against the principles of natural justice.
3. It is against the provisions of Article 14, 19(1) (g) and 21 of The Constitution of India.
4. It is against the provisions of The Tamil Nadu Transparency in Tenders Act, 1998.
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.5.
5. It is against the provisions of the Tamil Nadu Transparency in Tender Rules, 2000.
Therefore, it is humbly prayed that this Honourable Court may be pleased to grant an interim Direction directing the Respondent to forthwith give the Tender documents to the Petitioner for grant of Bar Licence for TASMAC wine Shop No.4122, pending disposal of the Writ Petition and thus render justice.
Therefore, it is humbly prayed that this Honourable Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ,, order or direction, forbearing the Respondent from proceeding with the Tender Notice dated 14.12.2021 in Na.Ka.No.A3/444/2021 without issuing the Tender documents to the Petitioner for grant of Bar Licence for TASMAC wine Shop No.4122 and thus render justice.
Solemnly affirmed at Chennai )
on this the 20th day of December ) Before me,
2021 and signed his name in my )
presence. ) Advocate, Chennai.
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Memorandum of Writ Miscellaneous Petition
(Under Article 226 of The Constitution of India.)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction )
W.M.P. No. of 2021
in
W.P. No. 27513 of 2021
S.Shanmuga Sundaram, Shop No.4122,
No.60/67, Gandhi Road,
Kamaraj Nagar,Perungalathur,
Chennai – 600 063 ..Petitioner/Petitioner
.vs.
The Tamil Nadu State Marketing Corporation Limited (TASMAC)
Rep. by its District Manager,
Kancheepuram (North)
Industrial Estate, Thirumazhisai,
Kancheepuram District – 600 123. ..Respondent/Respondent
PETITION FOR INTERIM DIRECTION
For the reasons stated in the accompanying Affidavit, it is humbly prayed that this Honourable Court may be pleased to grant an interim Direction directing the Respondent to forthwith give the Tender documents to the Petitioner for grant of Bar Licence for TASMAC wine Shop No.4122, pending disposal of the Writ Petition and thus render justice.
Dated at Chennai, on this the 20th day of December, 2021.
Counsel for Petitioner
Memorandum of Writ Petition
(Under Article 226 of The Constitution of India.)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction )
W.P. No. 27513 of 2021
S.Shanmuga Sundaram, Shop No.4122,
No.60/67, Gandhi Road,
Kamaraj Nagar,Perungalathur,
Chennai – 600 063 ..Petitioner
.vs.
The Tamil Nadu State Marketing Corporation Limited (TASMAC)
Rep. by its District Manager,
Kancheepuram (North)
Industrial Estate, Thirumazhisai,
Kancheepuram District – 600 123. ..Respondent
WRIT PETITION
The address for service of all notices and processes on the Petitioner is that of his Counsel, M/s. K. Selvaraj & Sugirdha Selvaraj, No.261, New Additional Law Chamber, High Court Building, Chennai – 600 104.
The address for service of all notices and processes on the Respondent is as stated above.
.2.
For the reasons stated in the accompanying Affidavit, it is humbly prayed that this Honourable Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ,, order or direction, forbearing the Respondent from proceeding with the Tender Notice dated 14.12.2021 in Na.Ka.No.A3/444/2021 without issuing the Tender documents to the Petitioner for grant of Bar Licence for TASMAC wine Shop No.4122 and thus render justice.
Dated at Chennai, on this the 20th day of December, 2021.
Counsel for Petitioner
HIGH COURT, MADRAS
(Special Original Jurisdiction)
W.P. No. 27513 of 2021
AFFIDAVIT OF THE
PETITIONER
M/s. K. Selvaraj
Sugirdha Selvaraj
Counsel for Petitioner
