Dinesan T vs The District Collector - ...
2021 Latest Caselaw 163 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                      WP(C).No.28967 OF 2020(U)


PETITIONER:

               DINESAN T.
               AGED 50 YEARS
               S/O. GOPALAN, KONTHAYIL HOUSE,
               VELIMUKKU SOUTH P.O. MALAPPURAM 676 317.

               BY ADVS.
               SRI.K.R.AVINASH (KUNNATH)
               SRI.ABDUL RAOOF PALLIPATH

RESPONDENTS:

      1        THE DISTRICT COLLECTOR - MALAPPURAM
               COLLECTORATE, CIVIL STATION,
               MALAPPURAM 676 505.

      2        DISTRICT SUPPLY OFFICER-
               MALAPPURAM DISTRICT SUPPLY OFFICE,
               CIVIL STATION, MALAPPURAM 676 505.

      3        REGIONAL TRANSPORT OFFICER-
               MALAPPURAM, REGIONAL TRANSPORT OFFICE,
               CIVIL STATION, MALAPPURAM 676 505.

      4        REGIONAL MANAGER-
               SUPPLYCO REGIONAL OFFICE, MANORAMA ROAD, SULTHANPET,
               PALAKKAD 678 001.

      5        KERALA STATE CIVIL SUPPLIES CORPORATION
               LIMITED (SUPPLYCO),
               REPRESENTED BY ITS MANAGING DIRECTOR,
               MAVELI BHAVAN,
               GANDHINAGAR, KOCHI 682 020.

      6        LORRY OPERATORS ASSOCIATION,
               REPRESENTED BY ITS SECRETARY,
               FCI GODWON - ANGADIPPURAM,
               ANGADIPPURAM P.O.
               MALAPPURAM DISTRICT 679 321.
 WP(C).No.28967 OF 2020(U)

                               2

      7      LORRY OWNERS WELFARE ASSOCIATION
             (LOWA), REPRESENTED BY ITS SECRETARY,
             FCI GODWON - ANGADIPPURAM,
             ANGADIPPURAM P.O.
             MALAPPURAM DISTRICT 679 321.


OTHER PRESENT:

             SMT.MOLLY JACOB,SC, SUPPLYCO,
             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28967 OF 2020(U)

                                      3




                             J U D G M E N T

Petitioner claims to be a Contractor engaged in

the transportation of articles from Food Corporation

of India (FCI) Godowns and CMR Mills to Public

Distribution System Depot (PDS Depot) at Manjeri and

Nilambur. He also states that he is the lowest bidder

for transportation of ration articles from FCI

Godowns and CMR Mills to PDS Depots in Manjeri and

Perinthalmanna and certain Taluks. According to him

the Lorry Owners/Operators Associations are demanding

high rates and interfering with the smooth

transportation of articles. It is stated that though

certain meetings were convened at the instance of the

first respondent, the issue is not resolved and

therefore petitioner has approached the first

respondent with Ext.P5 representation.

2. Learned Standing Counsel for the Civil

Supplies Corporation points out that no

representation is submitted before the Civil Supplies WP(C).No.28967 OF 2020(U)

Corporation and they are not given any such

representation like Ext.P5.

3. Heard the learned counsel for the petitioner

as well as the learned Government Pleader.

As petitioner submits that he would be satisfied

with a direction to the first respondent to take a

decision on Ext.P5 representation, the writ petition

is disposed of directing the first respondent to

consider and pass orders on Ext.P5 representation,

after affording an opportunity of hearing to all the

stake holders including the Regional Manager of Civil

Supplies Corporation-4th respondent, the Lorry

Operators Association, Lorry Owners Welfare

Association-respondents 6 and 7 and petitioner,

within a period of two months from the date of

receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.28967 OF 2020(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 18.08.2020 MADE BY THE PETITIONER BEFORE THE ASSISTANT MANGER, SUPPLYCO TALUK DEPOT, MANJERI.

EXHIBIT P2 TRUE COPY OF THE REPLY DATED 07.12.2020 OF THE DEPOT MANAGER, SUPPLYCO, TALUK DEPOT MANJERI.

EXHIBIT P3 TRUE COPY OF THE DETAILS OF TENDER NO.

NFSA- V 17016 OF ERNAD TALUK AVAILABLE IN E- TENDERING SYSTEM.

EXHIBIT P4 TRUE COPY OF THE DETAILS OF TENDER NO.

NFSA- V 17016 OF PERINTHALMANNA, TALUK AVAILABLE IN E- TENDING SYSTEM.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 14.12.2020 MADE BY THE PETITIONER BEEF THE RESPONDENTS 1 O 3.