W.P.Nos.32861 & 32864 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.09.2025 CORAM: THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Writ Petition Nos.32861 and 32864 of 2025 and WMP Nos.36804, 36806, 36810 and 36811 of 2025 SKR Transports Pvt Ltd Rep. By Its Managing Director, Sanjai Ram.N. No.9, Sriram Nagar, Sathuvachari, Vellore -632009 ... Petitioner in both the Petitions Vs. The Tamil Nadu Cooperative Marketing Federation Limited Rep. by its Additional Registrar/Managing Director, No.91, St. Maries Road, Chennai-600 018. ... Respondent in both the Petitions Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the E-Tender Notice dated 11.08.2025 bearing Tender Advertisement No.846/2025/FM5 for (i) Tiruvannamalai region, (ii) Vellore region respectively on the file of the Respondent herein and to 1/7 https://www.mhc.tn.gov.in/judis W.P.Nos.32861 & 32864 of 2025 quash Annexure-II stipulating that experience certificate in the said format be issued for the period 2022-2023 or thereafter, as irrational arbitrary and illegal and consequently direct the Respondent to consider the Petitioner's bid with past experience certificate in accordance with law without insisting upon such experience certificate for the period 2022-2023. For Petitioner : Mr.J.Ravikumar (in both the petitions) For Respondents : Mr.K.Tamilvendan, (in both the petitions) Government Advocate ******** COMMON ORDER The petitioner, in both the petitions, challenges the E-Tender notification floated by the respondent bearing Tender Advertisement No.846/2025/FM5 dated 11.08.2025. The short point involved in the Writ Petitions is the apparent conflict that exists between Clause 6 (,) and Annexure II to the Tender Form. For ready reference, the details are extracted hereunder: ,) xg;ge;jg; g[s;sp mspg;gth;fs; muRj; Jiw. MuR epWtd';fs; kw;Wk; kjpg;g[ 2/7 https://www.mhc.tn.gov.in/judis W.P.Nos.32861 & 32864 of 2025 kpf;f epWtd';fspy; Fiwe;jgl;rk; Xuhz;L fhyj;jpw;F ,j;jifa gzpfis nkw;bfhz;ljw;fhd mDgt rhd;wpjiH ,izj;J mspf;f ntz;Lk;. ANNEXURE – II (Experience Certificate to be issued for the period from 2022-2023 or thereafter) TO WHOMSOEVER IT MAY CONCERN This is to certify that Thiru/Thirumathi/Messers ......................... has been our Transport Contractor during the period from ............... to ............... and handled our Wagon clearance operations, handling of Loading and Unloading operations and Transport Operations. The Value of Contract in the above period is to the value of about Rs.................... (Rs. In lakhs) Designation of the Officer Signing the Certificate with the name of the Company and Seal Station: Date: 3/7 https://www.mhc.tn.gov.in/judis W.P.Nos.32861 & 32864 of 2025 2. This Court entertained the Writ Petition and directed the learned Government Advocate to file his counter. The learned Government Advocate points out that there is a confusion between Clause 6 (,) and Annexure II. On instructions, he states the words “from 2022-2023” in Annexue II must be read as “after 2022-2023”. On the factual aspect, Mr.K.Tamilvendan, learned Government Advocate submits that the petitioner was incorporated on 02.12.2024. Hence, the period of one year from the date of incorporation is completed only on 01.12.2025. Therefore, the petitioner does not satisfy the requirements of Clause 6 (,) set forth above. 3. I have carefully considered the submissions. I have gone through the records. 4. It is not in dispute that the petitioner was incorporated under the Companies Act on 02.12.2024. This is substantiated by the Certificate of Incorporation produced by Mr.K.Tamilvendan, in the typed set of papers. The respondent insists that in order to be eligible to apply for the tender, a 4/7 https://www.mhc.tn.gov.in/judis W.P.Nos.32861 & 32864 of 2025 tenderer must have at least one year experience. As the petitioner does not have the said experience, it is not open to him to challenge the conflict between Clause 6(,) and Annexure II. In any event, in the light of the clarification given by Mr.K.Tamilvendan on the words found in the Annexure, the grievance voiced out by the petitioner does not exist. As the petitioner does not have the basic qualification, I am not inclined to grant him any relief other than the above observation on the words in the Annexure II. 5. Both the Writ Petitions are dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 11.09.2025 jv Internet : Yes Index : Yes/No Neutral Citation : Yes/No Speaking order/Non Speaking order 5/7 https://www.mhc.tn.gov.in/judis W.P.Nos.32861 & 32864 of 2025 To The Additional Registrar/Managing Director, Tamil Nadu Cooperative Marketing Federation Limited No.91, St. Maries Road, Chennai-600 018. 6/7 https://www.mhc.tn.gov.in/judis W.P.Nos.32861 & 32864 of 2025 V. LAKSHMINARAYANAN , J. jv Writ Petition Nos.32861 and 32864 of 2025 11.09.2025 7/7 https://www.mhc.tn.gov.in/judis