Kerala High Court
James C.Sebastian vs State Of Kerala on 7 April, 2021
W.P(C).No.7505/2021-K 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.7505 OF 2021(K)
PETITIONER:
JAMES C.SEBASTIAN, AGED ABOUT 50 YEARS,
S/O.SEBASTIAN, CHIRIYANKANDATH HOUSE, 803,
MAYA HEIGHTS, PATTURAIKKAL, THIRUVAMBADI P.O.,
THRISSUR 680 022.
BY ADVS.
SRI.K.R.ARUN KRISHNAN
SHRI.EDISON THOMAS T.
SMT.DEEPA K.RADHAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REP.BY ITS SECRETARY TO GOVT., DEPARTMENT OF FOOD
AND CIVIL SUPPLIES, GOVT. SECRETARIATE,
THIRUVANANTHAPURAM 695 001.
2 KERALA CIVIL SUPPLIES CORPORATION
REP.BY ITS MANAGING DIRECTOR, OFFICE OF THE CIVIL
SUPPLIES CORPORATION, GANDHINAGAR,
ERNAKULAM 682 016.
3 THE REGIONAL MANAGER, KERALA CIVIL SUPPLIES
CORPORATION, MANORAMA ROAD, SANTHI NAGAR, SULTANPET
P.O.PALAKKAD, KERALA 678001.
4 DISTRICT SUPPLY OFFICER,
DISTRICT SUPPLY OFFICE, CIVIL LANE ROAD,
KALYAN NAGAR, AYYANTHOLE P.O., THRISSUR 680 003.
5 DEPOT MANAGER, SUPPLYCO THALUK DEPOT,
CHAVAKKAD P.O., PALAPPETTY, THRISSUR 680 658.
W.P(C).No.7505/2021-K 2
6 MANAGER (NFSA),
SUPPLYCO, MAVELI BHAVAN, GANDHI NAGAR,
KOCHI 682 020.
R2 BY SMT.MOLLY JACOB, SC, SUPPLYCO
SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.ASHA, J.
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W.P(c) No.7505 of 2021-K
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Dated this the 7th day of April, 2021
JUDGMENT
The petitioner, who submitted his tender on the basis of Ext.P1 notice
inviting tender, claims that the tender notification has not incorporated
several qualifying criteria which, according to him, are contained in Exts.P3
and P4.
2. Heard the learned Standing Counsel, who submitted that the
petitioner claims deficiencies in the notice inviting tender without producing
even the entire schedule or provisions contained in the tender notifications.
It is also pointed out that specification of colour code does not come under
the purview of Civil Supplies Corporation. But it is a matter entirely within
the purview of the Motor Vehicles Department. Moreover, the petitioner is a
person, who has already submitted his tender pursuant to Ext.P1. According
to the learned Standing Counsel, the petitioner wants to protract the matter
for some ulterior purpose.
3. One of the reliefs sought in the Writ Petition is to quash Ext.P1
tender notification after the petitioner himself submitted his tender knowing
fully well, according to him, that it does not comply with Exts.P3 and P4.
Yet another relief sought is for a direction to the 2 nd respondent to consider
Ext.P7. Writ of mandamus is not issued merely because a person has
approached this Court. As long as the petitioner does not have any
enforceable right and the respondents have no obligation to discharge the
same towards the petitioner, no writ of mandamus can be issued.
In the above circumstances, the Writ Petition fails and is dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE TENDER NOTICE DATED
3.2.2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE SCHEDULE ATTACHED TO THE
TECHNICAL BID.
EXHIBIT P3 A TRUE COPY OF THE KERALA TARGETED PUBLIC
DISTRIBUTION SYSTEM (CONTROL) ORDER, 2021
AS PUBLISHED IN GAZETTE PART 1.
EXHIBIT P4 A TRUE COPY OF THE KERALA TARGETED PUBLIC
DISTRIBUTION SYSTEM (CONTROL) ORDER, 2021
AS PUBLISHED IN GAZETTE PART 2.
EXHIBIT P5 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE STATE OF KERALA IN W.P.(C).
NO.11393/2020 ON THE FILE OF THIS
HONOURABLE COURT.
EXHIBIT P6 A TRUE COPY OF THE G.O.(RT) NO.70/2021/FOOD
AND CIVIL SUPPLIES DEPARTMENT DATED
8/2/2021.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER TO THE 2ND RESPONDENT
DATED 27.2.2021.
