IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 19306 OF 2022
PETITIONER/S:
HASSAN TRADERS
MYTHRI NAGAR, MUDIKKAL P.O., PERUMBAVOOR,
ERNAKULAM, REPRESENTED BY ITS PROPRIETOR, M.
HASSAN, PIN - 683547
BY ADV RAFEEK. V.K.
RESPONDENT/S:
1 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA
STATE ELECTRICITY BOARD - KSEB
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.,
PIN - 695004
2 KERALA STATE ELECTRICITY BOARD - KSEB
REPRESENTED BY DEPUTY CHIEF ENGINEER,
TRANSMISSION CIRCLE, KOZHIKODE, PIN - 673021
3 KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY DEPUTY CHIEF ENGINEER,
GENERATION CIRCLE, THRISSUR, PIN - 680022
4 KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY DEPUTY CHIEF ENGINEER,
TRANSMISSION CIRCLE, POWER HOUSE BUILDING,
THIRUVANANTHAPURAM, PIN - 695004
OTHER PRESENT:
SC FOR KSEB B.PREMOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 19306 of 2022
-2-
JUDGMENT
Dated this the 06th day of July, 2022 The petitioner had responded to tenders invited by the respondents for disposal of old and unserviceable items at various sub-stations. While the tender was being processed, the petitioner was called upon to produce No Objection Certificate from the Pollution Control Board. Although petitioner challenged that condition before this Court, he was not successful and therefore, his tender was rejected. Petitioner claims that, while submitting the bid, he had deposited an amount of Rs.10,90,000/-, which is yet to be refunded. Hence, the writ petition.
2. Learned Standing Counsel for the KSEB submitted on instructions that the amount deposited by the petitioner will be refunded and the delay was due to certain procedural W.P.(C) No. 19306 of 2022 -3- formalities. It is submitted that the amount claimed by the petitioner may not be correct and the Board will refund only the amount deposited by the petitioner.
The writ petition is accordingly disposed of, directing the respondents to refund the deposit made by the petitioner in terms of Exts.P1 to P3, within one month of receipt of a copy of this judgment.
V.G.ARUN JUDGE Scl/06.07.22 W.P.(C) No. 19306 of 2022 -4- APPENDIX OF WP(C) 19306/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TENDER NOTICE NO.
DCE/TC/07/21-22 DATED 22.06.2021 PUBLISHED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE TENDER NOTICE NO.
01/2021-22/DYCE/GEN/TSR DATED 21.06.2021 PUBLISHED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE TENDER NOTICE NO.TCT/DBC/SCRAP/06/2021-22 DATED 28.07.2021 PUBLISHED BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE LETTER DATED 02.06.2022 ISSUED BY THE 3RD RESPONDENT.