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Madras High Court · body

2016 DIGILAW 296 (MAD)

N. Gunasekaran v. Commissioner, Hindu Religious and Endowment Board, Uthamar Gandhi Salai, Chennai

2016-01-25

K.RAVICHANDRABAABU

body2016
ORDER : 1. This writ petition is filed challenging the Tender Notice dated 06.01.2016 issued by the 3rd respondent and consequently, seeking for a direction to the respondents to conduct re-tender without specifying the amusement riders in the Tender Notification. 2. Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.M.Karuppasamypandian, learned Standing Counsel takes notice for the 3rd respondent. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3. The petitioner is doing business of setting amusement riders in a contract basis in major and minor festivals in and around Tamil Nadu and Kerala. The grievance of the petitioner is that while issuing the tender notice, the respondents are not justified in restricting certain riders/events and imposing a condition that only certain other events/riders referred to in column -18 of the notification alone should take place. It is his further grievance that under Clause -32 of the tender notice, he is prevented from taking part in the tender process, since such clause prohibits persons, who filed cases against the temple, from taking part in the tender process. It is the case of the petitioner that earlier he filed a writ petition before this Court for running amusement riders mentioned in Clause-21 of the tender notice dated 11.02.2015 and that writ petition was disposed of with a direction by this Court on 28.04.2015. Therefore, it is contented that filing of the said writ petition will be put against the petitioner from taking part in the tender process. 4. Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.M.Karuppasamypandian, learned Standing Counsel appearing for the 3rd respondent submitted that the prohibition imposed in Clause-32 is in respect of persons, who acted against the interest of the temple and filed cases against the removal of encroachments, and therefore, the petitioner will not come under the above category. Thus, they submitted that there is no bar for the petitioner to take part in the tender process. The said submission is recorded. 5. Thus, they submitted that there is no bar for the petitioner to take part in the tender process. The said submission is recorded. 5. Insofar as the other grievance of the petitioner that certain riders, which are not included and certain riders, which are specifically referred to at Serial No.18 in the tender notification is concerned, I am of the view that it is not for the petitioner to dictate as to what are the events/riders that should take place, as it is for the respondents to state what they want in the amusement event taking note of the safety of the public. Therefore, I am of the view that the petitioner cannot seek it as a matter of right that certain riders should be permitted to take part in the amusement. Thus, this Court is not inclined to accept the above contention of the petitioner in respect of events, which are disallowed in the tender notice at Serial No.1. 6. Accordingly, this writ petition is disposed of by directing the respondents to permit the petitioner to take part in the auction proceedings without referring to clause 32 of the tender notice, which is clarified by the Special Government Pleader, as not applicable in the case of the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.