Madras High Court
M.Jeyalakshmi vs The Administrative / Managing Director on 6 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar, Mohammed Shaffiq
W.P.(MD)No.21377 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.09.2024
CORAM:
THE HON'BLE MR.D.KRISHNAKUMAR,
THE ACTING CHIEF JUSTICE
and
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.(MD)No.21377 of 2024
and
W.M.P.(MD)No.18088 of 2024
M.Jeyalakshmi ... Petitioner
-vs-
1.The Administrative / Managing Director,
Tamil Nadu Civil Supplies Corporation,
12, Thambusamy Road,
Keelppakkam,
Chennai.
2.The Zonal Manager,
Tamil Nadu Civil Supplies Corporation,
BSNL Office,
Thallakulam,
Madurai District.
3.Karthikeya Enterprises,
No. 233/6, Kailasampalayam,
Salem Road,
Tiruchengode,
Namakkal District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus, directing the
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W.P.(MD)No.21377 of 2024
respondents 1 and 2 herein to follow the existing transportation method for
hulling process, by transporting paddy bags allotted to the mill owners
from warehouse and subsequently converted the same as rice and transport
the rice to the allotted warehouses by their own vehicles, by considering
the petitioner's representation dated 03.08.2024, within a time stipulated
by this Court.
For Petitioner : Mr.D.Balamurugapandi
For R1 : Mr.K.R.Badurus Zaman
For R2 : Mr.Veera.Kathiravan
Additional Advocate General
Assisted by Mr.G.Mohan Kumar
Standing Counsel
ORDER
[Order of the Court was made by
The Hon'ble The ACTING CHIEF JUSTICE]
The petitioner has filed this writ petition under the guise of Pro
bono publico, to direct the respondents 1 and 2 herein to follow the
existing transportation method for hulling process, by transporting paddy
bags allotted to the mill owners from warehouse and subsequently
converted the same as rice and transport the rice to the allotted warehouses
by their own vehicles, by considering her representation dated 03.08.2024.
2. According to the petitioner, she is an approved Parboiled Rice
Hulling Agent of the Tamil Nadu Civil Supplies Corporation and operates
a modern rice mill in Virathanoor, Madurai District. She transports paddy
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bags from the Tamil Nadu Civil Supplies Corporation warehouse to her
mill, processes the paddy into rice, and then delivers the rice bags to the
appropriate Tamil Nadu Civil Supplies Corporation warehouses on a daily
basis. However, all of a sudden, the Tamil Nadu Civil Supplies Corporation
appointed a private transport agency to handle the transportation of paddy
bags to the mill. While transporting paddy bags, the private agency
reduced the weights of the bags, engaging in malpractices that resulted in
significant losses to both the Government and the milling agents.
Therefore, the petitioner submitted a representation on behalf of the
milling agents to the respondents on 03.08.2024, requesting cancellation of
the private agency's contract and restoration of existing procedure by
allowing the milling agents to use their own vehicles. However, no action
has been taken so far. Hence, the present Writ Petition.
3. The learned Additional Advocate General representing the second
respondent submitted that the decision to appoint a private transport
agency was made by the Government after considering the public interest.
A policy decision was also implemented by the respondent Corporation to
invite tenders, and a work order has already been issued to the successful
bidder. The learned Additional Advocate General further submitted that the
petitioner cannot maintain the writ petition as Public Interest Litigation.
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4. In support of his submission, the learned Additional Advocate
General relied upon the decision of the Hon'ble Supreme Court in the case
of Travancore Devaswom Board vs. Ayyappa Spices and others
reported in 2024 SCC OnLine SC 244. In the said judgment, the Hon'ble
Supreme Court has clearly held that courts should exercise caution while
interfering in contractual and tender matters, disguised as public interest
litigations. Consequently, the scope for judicial review under Article 226
of the Constitution of India is very limited with respect to decisions made
by authorities regarding tender invitations and contract work.
5. In such circumstances, we find no merit in the writ petition, and
therefore, the writ petition is dismissed as not maintainable under the guise
of Public Interest Litigation. If the petitioner remains aggrieved, it is open
to the petitioner to approach the appropriate forum to challenge the
decision of the Tamil Nadu Civil Supplies Corporation. No costs.
Consequently, connected Miscellaneous Petition is closed.
[D.K.K., A.C.J.] [M.S.Q., J.]
06.09.2024
NCC : Yes / No
Index : Yes / No
smn2/LM
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To
1.The Administrative / Managing Director,
Tamil Nadu Civil Supplies Corporation,
12, Thambusamy Road,
Keelppakkam,
Chennai.
2.The Zonal Manager,
Tamil Nadu Civil Supplies Corporation,
BSNL Office,
Thallakulam,
Madurai District.
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D.KRISHNAKUMAR, A.C.J.
and
MOHAMMED SHAFFIQ, J.
smn2/LM
ORDER MADE IN
06.09.2024
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