SAKTHI GAS AGENCY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners who are distributors of LPG Cylinders, have filed these Writ Petitions for issuance of a Writ of Certiorarified Mandamus, to quash clause 5.2(ii) of the tender notification issued by the third respondent, dated 03.12.2014 and to direct the respondents to give special preference to existing distributors owning Trucks as offered in other Bottling Plants in Tamil Nadu.

(2.) Heard Mr. M.Vallinayagam, learned Senior counsel assisted by Mr.K.Rajendra Prasad, and Mr.T.Mohan, learned counsel appearing for the petitioners and Mr.M.Ravindran learned Senior counsel assisted by Mr.V.Anantha Natarajan, learned counsel appearing for the respondents.

(3.) The petitioners would state that they are authorised Distributors of LPG Cylinders under the respondent Corporation and have been carrying on Distributorship effectively and they are aggrieved by the tender condition refusing to give preference to the existing distributors owning Trucks for transportation of LPG cylinders in the notification published by the respondent. In terms of the tender notification, all persons owning atleast one Truck in their name, which is capable of transportation of LPG cylinders, are entitled to apply for the tender. The age of the Truck should not be more than 12 years as on the closing date of the tender i.e., 05.01.2015, upto 11 hours.