S SWAMINATHAN Vs. DIRECTOR OF INDUSTRIES AND COMMERCE

JUDGEMENT

(1.) The petitioner seeks for a Writ of Mandamus to direct the respondents 1 to 3 to confirm the sealed tender dated 26.3.1993 made pursuant to their advertisement dated 11.3.1993 published in 'Daily Thanthi' dated 11.3.1993 in respect of the property of the 6th respondent.

(2.) The petitioner contends that the 6th respondent had already borrowed funds from the third respondent during the year 1965 for starting an industry. As a result of his failure to repay the amounts, the third respondent initiated proceedings for recovery as early as 1973. The proceedings culminated in a valid and enforceable decree. The third respondent brought the mortgaged property for sale for recovery of the amount of Rs.11,06,072.61 as on 28.2.1993 and sealed tenders were called for as well as open auction sale also. The last date for submission of the sealed tender was 26.3.1993 and the petitioner submitted a tender for a sum of Rs.30,02,000/-. In the open auction, he offered the highest bid at Rs.28,61,000/-. The sealed tenders were opened on 30.3.1993.

(3.) The 6th respondent also filed WP No.5641 of 1993 for a Mandamus to the respondents to convene a meeting and to consider the 6th respondent's representation for implementation of the nursing programme. By order dated 26.3.1993, this Court after taking note of the fact that the last date for receipt of tenders was fixed on 26.3.1993, held that it was open to the respondents to process tenders but finalisation in accepting any particular tender shall be kept in abeyance until further orders. The petitioner got himself impleaded in the said Writ Petition. Subsequently, the Writ Petition was dismissed as devoid of merits.