Madras High Court
M/S.Star Seven Eleven vs The Development Commissioner on 15 July, 2021
W.A.(MD)No.942 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.942 of 2021
M/s.Star Seven Eleven,
Represented by its Proprietor,
P.Nagarathinam,
G, 26/1, STAR 7, 11,
Ramiyah Street,
Jaihinpuram,
Madurai. ... Appellant
Vs.
1.The Development Commissioner,
MSME,
Nirman Bhavan, A-Wing,
7th Floor, Maulana Azad Road,
New Delhi – 110 108.
2.State represented by,
Secretary to Government,
Micro, Small and Medium Enterprises (D2) Department,
Secretariat,
Chennai.
https://www.mhc.tn.gov.in/judis/
1/7
W.A.(MD)No.942 of 2021
3.State represented by,
Secretary to Government,
Public Works Department,
Secretariat,
Chennai.
4.National Small Industries Corporation Ltd.,
No.74, ADR Towers, 1st Floor,
Kalavasal,
Theni Main Road,
Madurai – 625 016.
5.The Commissioner,
Madurai Corporation,
Aringar Anna Maligai,
Madurai. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act,
praying to set aside the order in W.P.(MD)No.5749 of 2021 dated
15.03.2021.
For Appellant : Mrs.Porkodi Karnan
For Respondent No.1 : No appearance
For Respondents 2 & 3 : Mr.A.K.Manickam,
Standing Counsel for Govt.,
For Respondent No.4 : Mr.T.S.Mohammed Mohideen
https://www.mhc.tn.gov.in/judis/
2/7
W.A.(MD)No.942 of 2021
JUDGMENT
*************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mrs.Porkodi Karnan, learned Counsel appearing for
the appellant, Mr.A.K.Manickam, learned Standing Counsel for the
Government appearing for the respondents 2 and 3,
Mr.T.S.Mohammed Mohideen, learned Counsel appearing for the
fourth respondent.
2.This Writ Appeal is directed against the order in W.P.
(MD)No.5749 of 2021 dated 15.03.2021.
3.The petitioner is a proprietorship concern which provides
varied services and they sought for a direction upon the
respondents to implement the benefits given by the Micro Small
and Medium Enterprises Act, 2006, which has been adopted by
insertion of Section 30-A in the Tamil Nadu Transparency in
Tenders Act, 1988 and implement the same in all tender processes,
so as to enable not only the appellant but others who are registered
in the MSME Act to participate in the tenders invited by the
Government Department as well as the local bodies. The Writ
Petition was dismissed on the ground that a blanket direction
cannot be granted.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.942 of 2021
4.It may be true that a Writ Court cannot issue a blanket
direction to extent certain concessions or privileges to the service
providers, if they are registered under the provisions of the MSME
Act. In the instant case the said provision of the MSME Act has
been adopted and Section 30-A has been inserted in the Tender
Transparency Rules, 2012 as amended in the year 2018. Though it
appears that in the Tamil Nadu Rules, the entire benefits or
privileges granted under the central enactment are not being
replicated, yet certain benefits have been extended to the service
providers registered under the MSME Act. Since a uniformed
decision has to be taken for all procedures and tenders throughout
the state, it would be advisable for the second respondent to take a
decision in the matter by considering all the factors and also the
Government that great importance has been given to the MSME
sectors, as they play a vital role in the industrial and economical
growth of the country.
5.In the light of the above, we dispose of this Writ Appeal by
directing the petitioner to submit a detailed representation to the
second respondent along with a copy of this order as well as the
earlier representations, if any. On receipt of the said
representation, it would be open to the second respondent to hold
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.942 of 2021
discussions with the representatives of MSME industries in Tamil
Nadu and if there is an association of MSME industries, they can
also participate. Since the appellant is a person who has spirited
the entire issue, the appellant shall also be invited for the
discussion and a conscious decision shall be taken as expeditiously
as possible, in accordance with law. However, there shall be no
order as to costs.
[T.S.S., J.] & [S.A.I., J.]
15.07.2021
Index : Yes / No
Internet: Yes / No
MR
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.942 of 2021
To
1.The Development Commissioner,
MSME,
Nirman Bhavan, A-Wing,
7th Floor, Maulana Azad Road,
New Delhi – 110 108.
2.The Secretary to Government,
State of Tamil Nadu,
Micro, Small and Medium Enterprises (D2) Department,
Secretariat,
Chennai.
3.The Secretary to Government,
State of Tamil Nadu,
Public Works Department,
Secretariat,
Chennai.
4.National Small Industries Corporation Ltd.,
No.74, ADR Towers, 1st Floor,
Kalavasal,
Theni Main Road,
Madurai – 625 016.
5.The Commissioner,
Madurai Corporation,
Aringar Anna Maligai,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.942 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
JUDGMENT MADE IN
W.A.(MD)No.942 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
