Managing Director, Tamil Nadu State Marketing Corporation Limited v. Thavasi
2024-08-08
K.K.RAMAKRISHNAN, P.VELMURUGAN
body2024
DigiLaw.ai
JUDGMENT : P. VELMURUGAN, J. Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act praying this Court to set aside the order of this Court made in W.P. (MD) No. 5693 of 2018, dated 19.3.2018. 1. This Writ Appeal is directed against the order of this Court made in W.P. (MD) No. 5693 of 2018, dated 19.3.2018. 2. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3. The respondent/Writ Petitioner filed Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents/appellants herein to permit the Petitioner/respondent herein for selling eatables and for collecting empty bottles in the bar attached to TASMAC retail vending shop of the respondents bearing No. 5160, Madurai, until the finalization of the next tender, in accordance with law. 4. This Court disposed of the above Writ Petition on 19.03.2018, holding that: “3. The Petitioner herein had earlier filed W.P. (MD) No. 1676 of 2018. No interim order was granted therein. Therefore, the respondents went ahead with the tender process. But the Petitioner herein did not participate. Since there was only one participant, the tender process was cancelled. Now, the respondents are intending to hold a fresh tender process. It is open to the respondents to hold a fresh tender process. Till the tender process gets concluded and subject to the result of the above said W.P. (MD) No. 1676 of 2018, the Petitioner herein is entitled to continue to sell eatables and collect empty bottles in the Bar attached to TASMAC retail vending shop bearing NO. 5160, Madurai. 4. This Writ Petition is allowed to the extent as indicated above. No costs Consequently, connected Miscellaneous Petition is closed.” Now challenging the above said order passed by the Writ Court, the appellants have filed the intra Court Writ Appeal. 5. Now the appellants also called for fresh tender and even otherwise, the period mentioned in the earlier tender was over even in the year 2017 itself. Since the appellants have already called for fresh tender, nothing survives in this Writ Appeal for further adjudication. 6. In view of the above, the Writ Appeal is dismissed as infructuous. No costs. However, the appellants are at liberty to work out their remedy in the manner known to law, if so advised, to get the differential amount, if any. Consequently, connected Miscellaneous Petition is closed.