Shri Shanthi Surgicare vs The Secretary To Government
2022 Latest Caselaw 14705 Mad

                                                                              Judgment dated 22.08.2022
                                                                                in W.A.No.1638 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated: 22.08.2022

                                                             Coram:

                            THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                     and
                                       THE HONOURABLE MRS.JUSTICE N.MALA

                                                Writ Appeal No.1638 of 2022
                                                            and
                                                 W.M.P.No.11084 of 2022
                                                             ---

                     Shri Shanthi Surgicare,
                     Rep. by Manager,
                     Sai Prasanth B.D.(M/27),
                     Plot No.1, Sidco Nanjikottai Village,
                     Nanjikottai, Thanjavur-613 006.                                     .. Appellant

                                                              Vs.


                     1. The Secretary to Government,
                        Government of Tamil Nadu,
                        Fort St.George, Chennai-600 009.

                     2. The Principal Secretary,
                        Health & Family Welfare Department,
                        Government of Tamil Nadu,
                        Fort St.George, Chennai-600 009.

                     3. The Managing Director,
                        Tamil Nadu Medical Services Corporation,
                        No.17, Pantheon Road,
                        Egmore, Chennai-600 008.

                     4. The General Manager (Drugs),
                        Tamil Nadu Medical Services Corporation,

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https://www.mhc.tn.gov.in/judis
                                                                                   Judgment dated 22.08.2022
                                                                                     in W.A.No.1638 of 2022

                         No.17, Pantheon Road, Egmore, Chennai-600 008.

                     5. The Manager (Drugs),
                        Tamil Nadu Medical Services Corporation,
                        No.17, Pantheon Road, Egmore, Chennai-600 008.                     .. Respondents


                                  Writ Appeal filed under Clause 15 of the Letters Patent agianst the order
                     dated 22.06.2022 passed by the learned Single Judge, in W.P.No.13594 of 2022,
                     on the file of this Court.


                                  For appellant   : Mr.Vimal Bobby Crimson
                                  For respondents: Mr.P.Muthukumar, State Govt. Pleader for RR-1 and 2
                                                   Mr.Shivakumar for RR-3 to 5 (R-3-caveator)


                                                       JUDGMENT

(The Judgment of the Court was delivered by The Honourable Chief Justice)

The learned counsel for the appellant/writ petitioner submitted that, now,

during the pendency of the present Writ Appeal, even the financial bid has been

accepted by the respondents/Tamil Nadu Medical Services Corporation, and thus,

the appellant may be allowed to avail the remedy of appeal before the appellate

authority. However, while pursuing the appeal, any observation made by the

learned Single Judge may not come in its way. As prayed for above by the

learned counsel for the appellant, the Writ Appeal is disposed of, with liberty to

the appellant/writ petitioner to avail the remedy of appeal before the appellate

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authority and any observation made by the learned Single Judge in the order

under challenge in W.P.No.13594 of 2022, shall not come in the way of the

appellant/writ petitioner or either of the parties, to pursue it. The above liberty is

granted, in view of the finalisation of the financial bid in favour of the lowest

bidder. With these observations, the Writ Appeal is disposed of. There shall be

no order as to costs. Consequently, C.M.P. is closed.

(M.N.B., C J) (N.M.J) 22.08.2022 Speaking Order: Yes/no cs

To

1. The Secretary to Government, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2. The Principal Secretary, Health & Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

3. The Managing Director, Tamil Nadu Medical Services Corporation, No.17, Pantheon Road, Egmore, Chennai-600 008.

4. The General Manager (Drugs),

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Tamil Nadu Medical Services Corporation, No.17, Pantheon Road, Egmore, Chennai-600 008.

5. The Manager (Drugs), Tamil Nadu Medical Services Corporation, No.17, Pantheon Road, Egmore, Chennai-600 008.

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https://www.mhc.tn.gov.in/judis Judgment dated 22.08.2022 in W.A.No.1638 of 2022

THE HONOURABLE CHIEF JUSTICE

and

N.MALA, J

cs

W.A.No.1638 of 2022

22.08.2022

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