Kerala High Court
V.Narayanan Nambiyar vs State Of Kerala on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
WP(C) NO. 35026 OF 2014
PETITIONER/S:
V.NARAYANAN NAMBIYAR,
AGED 61 YEARS,
S/O. LATE GOVINDAN NAMBIYAR, P.W.D CONTRACTOR,
URANDOOR, KOSAVAN VAYAL P.O., ERIKOOR, KANNUR DISTRICT.
BY ADVS.
SRI.T.B.SHAJIMON
SMT.GOVINDU P.RENUKADEVI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM - 695 001.
2 ULLIKKAL GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, THALIPARAMBA P.O.,
KANNUR.
R1 BY SRI. C.M.NAZAR, SPL.GP
R2 BY ADV SRI.CIBI THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35026 OF 2014
2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
"1. Issue a writ of mandamus, order or direction in the
nature thereof directing Respondent No.1 to comply with the
stipulations contained in Rule 10 of the Kerala Municipality
(Execution of Public Works and Purchase of Materials) Rules
1997 for the acceptance of tenders for the execution of public
works.
2. Issue a writ of mandamus, order or direction in the nature
thereof directing Respondent No.1 to desist from
implementing e-tendering as directed in Ext.P1 and Clause
14 of Ext.P2 for the execution of public works without
publishing necessary Rules and Regulations regarding the
procedures to be followed.
3. Issue a writ of certiorari, order or direction in the nature
thereof calling for the records relating to Ext.P1 and quash
the same.
4. Issue a writ of certiorari, order or direction in the nature
thereof calling for the records relating to Ext.P2 and quash
clause-14 of the same.
5. Pass such any other order, relief or direction as this
Hon'ble Court may deem fit in the interest of justice, equity
and good conscience."
WP(C) NO. 35026 OF 2014
2. The subject issue relates to e-tender invited by the Ullikkal Grama
Panchayat, Thaliparampa, Kannur district. It is challenging the legality and
correctness of the e-tender invited, this writ petition is filed, basically
contending that there is no provision under the Kerala Panchayat Raj Act or
the attendant Rules thereto to invite the e-tender. A large number of writ
petitions were filed before this Court and those writ petitions were dismissed
by a learned Single Judge in W.P.(C).No.28179/2013 and other connected
cases as per judgment dated 20.01.2015. Later, a Division Bench of this Court
had considered the issue in Writ Appeal No.2551/2015 and other connected
cases, and the appeals were dismissed, holding that the Local Self
Government Bodies are vested with powers to invite e-tenders. In that view
of the matter, and since in this writ petition, the reliefs sought are of the
typical nature, I do not find any reason to entertain this writ petition.
Therefore, the writ petition is dismissed in the light of the judgments
referred above.
Sd/-
SHAJI P.CHALY
JUDGE
uu
16.07.2021
WP(C) NO. 35026 OF 2014
APPENDIX OF WP(C) 35026/2014
PETITIONER ANNEXURE
EXHIBIT-P1 TRUE COPY OF THE G.O(MS) 318/2013/LSGD DATED
28/09/2013.
EXHIBIT-P2 TRUE COPY OF THE G.O(MS) 74/2014/LSGD DATED
07/05/2014.
EXHIBIT-P3 TRUE COPY OF THE INTERIM ORDER DATED
27/11/2013 IN W.P(C) 28179/2013.
EXHIBIT-P4 TRUE COPY OF THE INTERIM ORDER DATED
21/07/2014 IN W.P(C)18576/2014
EXHIBIT-P5 TRUE COPY OF THE INTERIM ORDER DATED
23/07/2014 IN W.P(C) 18922/2014.
EXHIBIT-P6 TRUE COPY OF THE INTERIM ORDER DATED
31/07/2014 IN W.P(C) 19521/2014.
EXHIBIT-P7 TRUE COPY OF THE INTERIM ORDER DATED
12/08/2014 IN W.P(C) 20794/2014.
