DEPUTY COLLECTOR/DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPORATION TIRUCHIRAPALLI Vs. R. RAMKUMAR

JUDGEMENT

(1.) W .A.(MD) Nos.1492 and 1493 of 2011 are filed by the Deputy Collector/ District Manager, Tamil Nadu State Marketing Corporation, Tiruchirapalli, as against the order of this Court in W.P.(MD) Nos.13152 and 13153 of 2011, wherein, this Court, under order dated 23.11.2011, following the order passed in W.P.(MD) No.9510 of 2011 dated 25.08.2011, held that TASMAC should consider only those applications supported with 'No Objection Certificate' from the respective land owners for location of a bar attached to the IMFL shops in Pudukottai District.

(2.) A perusal of the order passed by this Court in W.P.No.9510 of 2011 dated 25.08.2011 shows that the petitioner therein challenged the notification issued by the District Manager, TASMAC, Pudukottai, inviting tenders for collecting the empty bottles and selling eatables, on the ground that the District Manager had not notified the location of the individual bars. Hence, the same was in contravention of Rule 10 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. The petitioner therein contended that in the absence of details as to the location, the tender notification would only open floodgates that any bidder could submit an application without producing a No Objection Certificate, thereby introducing an element of arbitrariness in choosing the bid.

(3.) AS far as the furnishing of No Objection Certificate was concerned, as per Rule 4, licence is granted for retail vending of liquor in the shop. As per Rule 2(d), "bar" means a place located within the shop or adjoining the shop, used for consumption of liquor. Hence, an intending bidder submitting the tender schedule is obliged to quote the price for running a bar attached to an IMFL shop with a No Objection Certificate obtained from the respective land owner in whose property the IMFL shop is located. This Court further pointed out that under the Tamil Nadu Liquor Retail Vending (in Shops and Bar) Rules, 2003 and the Transparency in Tender Rules, highest bidder can be selected, if he had enclosed a No Objection Certificate from the landlord in the area where he wanted to locate the shop. Such a procedure would enable all the bidders to have a fair and reasonable opportunity to take part in the tender. Thus, while rejecting the writ petition seeking quashing of the tender notification, this Court, however, made it clear that the District Manager, TASMAC, Pudukottai, shall consider only those applications supported by No Objection Certificate from the respective land owners for location of the bar attached to the IMFL shop in Pudukottai District.