K.C. AYYASAMI (M. NO. 1017) Vs. THE DISTRICT REGISTRAR, COOPERATIVE SOCIETIES (FISHERIES) DMS COMPLEX TEYNAMPET CHENNAI - 600 006.

JUDGEMENT

(1.) This Writ Petition is filed praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent relating to his order Na.Ka.6642/D1/2015 dated 21.11.2016 and the consequential tender notice dated 05.01.2017 published in "Daily Thanthi" by the 4th respondent, quash the same and direct the respondents to call for a fresh tender with the conditions prevailing in earlier years.

(2.) According to the learned counsel for the petitioner, the petitioner is a fisherman and one of the Executive Committee member of the fourth respondent Cooperative society. The members of the fourth respondent Cooperative society are permitted to catch fish in the specific stretch of river Cauvery from Hogenekkal to Mettur Dam. The fourth respondent society is arranging for marketing the fish caught from the river Cauvery and brought by the members, who have been issued with licence to catch fish in the Mettur Reservoir by the Fisheries Department. The fishes brought are categorised into five groups. The fourth respondent society fixed the rate per kilogram for each group of fish as upset price. Based on the representation, dated 08.06.2016, of the fifth respondent, who is the President of the fourth respondent society, and also on the decision taken in the General Body Meeting held on 26.08.2016, the second respondent has passed an order dated 21.11.2016 directing the fourth respondent society to invite tenders for the sale of the fish, by including the following new tender conditions.

(3.) According to the learned Additional Advocate General appearing on behalf of the respondents 1 to 4, average sale of the fish to the society by the tenderers range from Rs.50,000.00 to Rs.1,00,000.00 per day with annual sale of more than Rs.2 crores. Weekly bill is raised for the fish delivered and the tenderer should make payment on every Monday and Thursday. Earlier, the small fish merchants, who were awarded contracts, could not make regular payments to the society, indulged in unlawful practice of direct purchase of fish from the members at lower rates. Therefore, if there is any violation of tender conditions, it is difficult to take action against those licence holders by the society. It has also been submitted by the respondents that on earlier occasions, some tenderers were default in payment of amount to the society and it is very difficult for the society to recover the amount with interest from the above tenderers, and after more than several years of legal battles, the amount is recovered without interest. Further it is submitted by the respondent society that the small fish traders were not in sound financial position for purchasing and selling the fish for annual turn over of more than Two Crores Rupees. Therefore, the amendment of the tender conditions is necessary to safeguard the interest of the respondent society. Further, the contention of the respondents 1 to 4 is that the terms of tender are within the realm of contract and therefore, this Court cannot interfere in the tender conditions except only if there is any malafide, illegal, arbitrary and discriminatory, Wednesbury principle of reasonableness and in the absence of said allegations, the Writ Petition may be dismissed.