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W.P.No.27323 of 2022 and W.M.P.No.26509 of 2022 R. SURESH KUMAR, J. Heard Mr.V.Lakshminarayanan, learned counsel for the petitioner, Mr.Edwin Prabhakar, learned Special Government Pleader for the 1st respondent and Mr.B.Vijay, learned Additional Government Pleader for the 2nd respondent. Port coal tender case order

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W.P.No.27323 of 2022 and W.M.P.No.26509 of 2022 R. SURESH KUMAR, J.

Heard Mr.V.Lakshminarayanan, learned counsel for the petitioner, Mr.Edwin Prabhakar, learned Special Government Pleader for the 1st

respondent and Mr.B.Vijay, learned Additional Government Pleader for the 2nd respondent.

  1. The tender is to carry coal from Paradip Port to Ennore Port, Chennai. Insofar as these cargo ships are concerned, there are three types depending upon their capacity to carry, the first category is Supramax, second one is Kamsarmax and the third one is Panamax. Insofar as the Kamsarmax type ships are concerned, those vessels which are able to carry 81000 MT and more can be categorized as Kamsarmax and those vessels which are able to carry less than 81000 MT can be categorized as Panamax.
  2. Insofar as the Panamax category of ships, the petitioner’s ship viz., M.V.Mahavir has been offered by the petitioner and within the 14 days lay period ie., from 10.09.2022 to 24.09.2022 the ship has been produced or made available at Chennai Port to the first respondent’s inspection and satisfaction.
  3. However, insofar as the third respondent is concerned, the named ship was M.V.Prabhu Sumat which comes under the category of Kamsarmax and that should have been produced before the first respondent for inspection. However, without producing the said M.V.Prabhu Sumat, the third respondent on his own, produced another vessel viz., M.V.Prabhu Puni, which comes under the category of Panamax and that production of the ship M.V.Prabhu Puni was accepted by the first respondent during the lay period ie., between 10.09.2022 and 24.09.2022. Thereafter, they seems to have entered into a contract with the third respondent.
  4. Assailing this action on the part of the first respondent in accepting the Panamax ship called M.V.Prabhu Puni instead of the Kamsarmax ship called M.V.Prabhu Sumat, as that kind of substitution during the lay period would not be possible as per the tender conditions, the petitioner has challenged the award of contract to the third respondent being treated as L1 bidder.
  5. Having regard to the said prima facie case, after hearing both sides this Court feels that, further hearing is required to decide the issue finally in this writ petition and since it relates to coal transportation for the purpose of distribution to electricity generating units in the State of Tamil Nadu, due to the imminent urgency this Court wants to hear the matter on 18.10.2022. In the meanwhile, no confirmation towards the third respondent pursuant to the impugned tender shall be made by the first respondent.
  6. Post this writ petition on 18.10.2022. Status quo as on today shall be maintained, which means, no further entrustment of transportation of coal shall be offered to the third respondent.  In the meanwhile, notice to the third respondent returnable by then.  Private notice as well as e-mail notice is also permitted.

13.10.2022

KST

Note : Issue order copy on 14.10.2022

  1. SURESH KUMAR, J. kst

W.P.No.27323 of 2022

 

13.10.2022

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