Sabu Selvaraj vs Principal Chief Conservator Of ...
2021 Latest Caselaw 16969 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                    WP(C) NO. 16563 OF 2021
PETITIONERS:

            SABU SELVARAJ
            AGED 42 YEARS
            S/O. SELVARAJ, KOTTARATHIL HOUSE, CHEPALAKODE,
            ENGAKKAD P.O., THALAPPILLY TALUK, THRISSUR-680
            589
            BY ADVS.
            THIYYANNOOR RAMAKRISHNAN
            ARUN KUMAR.P


RESPONDENTS:

    1       PRINCIPAL CHIEF CONSERVATOR OF FORESTS
            FOREST HEADQUARTERS, VAZHUTHCAUD,
            THIRUVANANTHAPURAM-695 014
    2       DIVISIONAL FOREST OFFICER,
            COLLECTORATE, THRISSUR-680 003
    3       RANGE FOREST OFFICER,
            WADAKKANCHERY RANGE, ENKAKKAD, THRISUR-680 582

BY ADV:

            T.P.SAJAN, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 12.08.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.16563 of 2021              2




                    W.P.(C) No.16563 of 2021
              -----------------------------------------------

                           JUDGMENT

Petitioner who is a contractor has been awarded a

forestry work by the respondents. The case of the petitioner is

that he has been required to furnish security deposit and

performance guarantee for the work otherwise than in

accordance with the orders in vogue. According to the

petitioner, Ext.P3 order of the Government governs the field.

The petitioner, therefore, preferred Ext.P5 representation

seeking the benefit of Ext.P3 Government Order. It is alleged by

the petitioner that Ext.P5 representation is not being

considered by the second respondent. The petitioner, therefore,

seeks appropriate directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioner as

also the learned Special Government Pleader for Forests.

Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition

directing the second respondent to consider and pass orders on

Ext.P5 representation within one month from the date of

receipt of a copy of this judgment, after affording the petitioner

an opportunity of hearing. Ordered accordingly. The hearing

ordered in terms of this judgment can be made through video

conferencing as well.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Mn

APPENDIX OF WP(C) 16563/2021

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING NO.CC/TSR/01/2021- 22 ISSUED TO THE PETITIONER AS 'A' CATEGORY CONTRACTOR BY THE CHIEF CONSERVATOR OF FOREST, CENTRAL CIRCLE THRISSUR Exhibit P2 TRUE COPY OF THE BID SUBMISSION CONFIRMATION OF PETITIONER VIA-E- TENDERING SYSTEM GOVERNMENT OF KERALA DATED 21.JUNE 2021 Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO.7/2021/FIN DATED 07.01.2021 BY THE FINANCE (INDUSTRIES AND PUBLIC WORKS-B)DEPARTMENT Exhibit P4 TRUE COPY OF THE ORDER AWARDING THE TENDER TO THE PETITIONER BY THE 2ND RESPONDENT BEARING ORDER NO.TAI-3895/21 DATED 07.07.2021 Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 19.07.2021 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT