High Court · 2025

WP No. 20881 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20-06-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHWP No. 20881 of 20251. Pondicherry Modern Rice Mill Owners AssociationRepresented By President,D.Senthil Kumar,Reg No. 273/1997 No. 7 4th Main Road, Avvai Nagar, Lawspet, Puduchery 605 008.2. YUVARAJSon Of Radhakrishnan 6 Main Road,Anna Nagar, Nellithope, Puduchery – 605 001Petitioner(s)Vs1. The Puducherry Union TerritoryRepresented By Honourable Lieutenant Governor Puducherry Rajbhavan Puducherrry 605 001. https://www.mhc.tn.gov.in/judis WP No. 20881 of 2025[Deleted 1st respondent as per order of this Court dated 20.06.2025]2.The SecretaryDepartment Of Civil Supplies And Consumer Affairs Main Building Chief Secretariat, Puducherry 605 001.3.The DirectorDepartment Of Civil Supplies And Consumer Affairs Industrial Estate Road, Thatanchavady Puducherry – 605 0094.The Puducherry State Cooperative Consumers Federation LTD,Represented By It Managing Director, No. P-429 Regd. Office A38 & A39 Industrial Estate Thattanchavadi, Puduchery 605 009.5.Servo Packaging LimitedRepresented By It Director Manapet Post, 88/1 Cuddalore Pondy Main Road, Kattukupam, Cuddalore Pondy Main Road, Pondichery 607 402.Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 20881 of 2025PRAYERDirecting the 3rd respondent to hold a tender for procurement of white colour single boiled rice for supply to fair price shop in Puducherry and Karaikal regions of union territory of Puducherry.For Petitioner(s):Ms.V.SrimathiFor Respondent(s):Mr.S.RaveekumarSpecial Government Pleader for R2 & 3Mr.R.SreedharAdditional Government Pleader for R4Mr.Srinath Sridevam, Senior Counselfor Mr.K.S.Karthick Raja for R5ORDERThe 1st respondent is an unnecessary party in the present writ petition. Hence the name of the 1st respondent is deleted from the array of respondents.2. This writ petition has been filed for the issue of writ of mandamus directing the 3rd respondent to hold a tender for procurement of white colour single boiled rice for supply to fair price shop in Puducherry and Karaikal.3. When the writ petition came up for hearing on 12.06.2025, this Court passed the following order,Mr.R.Sreedhar, learned Additional Government Pleader takes notice on behalf of respondents 1 to 4. 2. The main grievance that was expressed by the learned counsel for the petitioner is that the fourth respondent floated a tender during October, 2024, for https://www.mhc.tn.gov.in/judis WP No. 20881 of 2025supply of white colour boiled rice. The fifth respondent was awarded the tender for the period from December, 2024 to March, 2025. Thereafter, without calling for fresh tender, straight away, a proposal was given by the fourth respondent to extend the period for another four months from April, 2025, to July, 2025. 3. The learned counsel for the petitioner submits that there is no material to show that such an offer made by the fourth respondent was accepted by the fifth respondent. 4. Per contra, the learned Additional Government Pleader submits that the offer has been accepted and it has been extended with the approval of the Government. 5. The learned Additional Government Pleader seeks some time to take written instructions. 6. Post this writ petition at the end of the motion list on 20.06.2025.”4. When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the 4th respondent produced the instructions received from the 4th respondent. The relevant portions are extracted hereunder,“In order to ensure uninterrupted supply of rice to the targeting economically weaker section people and also to ensure food security to those people, the existing contract period has been extended for further period of 4 months from April 2025 to July 2025 and also floating of fresh e-tender for a period of 9 months from August 2025 to April 2026 with due approval of the Government. After the Government approved the https://www.mhc.tn.gov.in/judis WP No. 20881 of 2025extension, M/s. Servo Packaging Limited, Puducherry also accepted to supply.Accordingly, the implementing agency M/s. CONFED, Puducherry has been directed vide Memorandum dated 29.05.2025 to take necessary action to float e-tender towards procurement of rice for a period of 9 months from August 2025 to April 2026 and also to place necessary supply order to the suppliers towards supply of rice for further period of 4 months from April 2025 to July 2025 at the same rates, terms and conditions. The supplier of Puducherry and Karaikal region, viz., M/s. Servo Packaging Limited, Puducherry has also accepted and submitted consent letter dated 30.05.2025 to M/s. CONFED, Puducherry for extension of existing contract period from April 2025 to July 2025 at the same rates, terms and conditions for the letter of offer dated 30.05.2025 of M/s. CONFED, Puducherry.As per the approval of the Government, M/s. CONFED, Puducherry has also floated e-tender in the website at https://pudutenders.gov.in/ towards procurement of rice for Puducherry and Karaikal region for a period of 9 months from August 2025 to April 2026, as per the quantity given below:-Region Requirement of rice per month (MTS)Requirement of rice for 9 months (MTS)Remarks Puducherry and Karaikal5,150 (Puducherry 4,207 Karaikal 943)46,350Quantity subject to 5% variation https://www.mhc.tn.gov.in/judis WP No. 20881 of 2025Tender Time ScheduleSI.NoParticulars of TenderDateTime1.Publishing Date13/06/202517.00 Hrs2.Document Download Start date13/06/202517.00 Hrs3.Document Download End date04/07/202517.00 Hrs4.Bid Submission Start Date13/06/202517.00 Hrs5.Bid Submission End Date04/07/202517.00 Hrs6.Pre Bid Meeting30/06/202517.00 Hrs7.Technical Bid Opening Date07/07/202517.00 Hrs8.Price Bid Opening Date(subject to finalization of Technical bid)07/08/2025--After finalization of bid (technical bid and financial bid) by the Tender Committee, necessary proposal will be submitted to the Government for approval. The tentative time required for getting approval from the Government is 20 days. Subject to approval of the Government, necessary supply order to the L1 bidder will be issued by 31.07.2025, tentatively. Since, the supply of Rice to public cannot be stopped and has to continue till the tender is finalised, the 5th Respondent (Servo Packing Ltd) will be permitted to supply till the supply order is issued to the successful bidder.”5. The learned Senior Counsel appearing on behalf of the 5th respondent submitted that the petitioner has approached this Court with unclean hands without revealing the material facts. To substantiate the same, the learned Senior Counsel pointed out to the typed set of papers filed on behalf of the 5th respondent. https://www.mhc.tn.gov.in/judis WP No. 20881 of 20256. For the present, this Court does not want to get into this controversy and it will suffice to record the stand taken by the 4th respondent in the instructions that were placed before this Court today. The 4th respondent shall proceed further with the e-tender as per the schedule.7. This writ petition is disposed of with the above terms. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.20-06-2025gdIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 20881 of 2025To1. The Puducherry Union TerritoryRepresented By Honourable Lieutenant Governor Puducherry Rajbhavan Puducherrry 605 001.2.The SecretaryDepartment Of Civil Supplies And Consumer Affairs Main Building Chief Secretariat, Puducherry 605 001.3.The DirectorDepartment Of Civil Supplies And Consumer Affairs Industrial Estate Road, Thatanchavady Puducherry – 605 0094.The Puducherry State Cooperative Consumers Federation LTD,Represented By It Managing Director, No. P-429 Regd. Office A38 & A39 Industrial Estate Thattanchavadi, Puduchery 605 009.5.Servo Packaging LimitedRepresented By It Director Manapet Post, 88/1 Cuddalore Pondy Main Road, Kattukupam, Cuddalore Pondy Main Road, Pondichery 607 402. https://www.mhc.tn.gov.in/judis WP No. 20881 of 2025N.ANAND VENKATESH J.gdWP No. 20881 of 2025 20-06-2025