Patani Fisheries vs State Of Kerala
2021 Latest Caselaw 15574 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                        WP(C) NO. 12314 OF 2021
PETITIONERS:

           PATANI FISHERIES,
           MARATHAKKARA P.O.OLLUR, 680 306, THRISSUR
           DISTRICT-REPRESENTED BY ITS MANAGING PARTNER-
           GEORGE PATANI

               BY ADVS.
               MOHAN JACOB GEORGE
               P.V.PARVATHY (P-41)
               REENA THOMAS
               NIGI GEORGE



RESPONDENTS:

    1          STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
               FISHERIES, SECRETARIAT, THIRUVANANTHAPURAM-695
               001.

    2          AGENCY FOR DEVELOPMENT OF AQUA CULTURE KERALA,
               REPRESENTED BY ITS EXECUTIVE DIRECTOR(ADAC),
               NEAR DPI OFFICE, THYCAUD, THIRUVANANTHAPURAM-695
               014.

    3          EXECUTIVE DIRECTOR,
               AGENCY FOR DEVELOPMENT OF AQUA CULTURE KERALA
               (ADAC) NEAR DPI OFFICE, THYCAUD,
               THIRUVANANTHAPURAM-695 014.

               BY ADVS.
               A.K.ALEX
               SHEELA R. CHANDRAN
               VINITHA.B, GP



        THIS     WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   23.07.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12314 OF 2021

                                   2

                   W.P.(C) No.12314 of 2021
             -----------------------------------------------
                          JUDGMENT

The second respondent invited bids for supply of fish

seeds of different varieties from eligible persons. Ext.P3 series

are the invitations made by the second respondent in this

regard. The petitioner submitted bids in response to Ext.P3

series invitations. It is stated by the petitioner that their bids

are the second lowest among the bids received by the second

respondent in response to Ext.P3 series invitations. It is

however, alleged by the petitioner that the persons whose bids

are the lowest have not submitted the documents required to

be submitted along with the bids and they are therefore

disqualified from participating in the bids. It is also alleged that

the petitioner, in the circumstances, submitted Ext.P4 series

representations to the second respondent requesting to award

the contracts for supply of the fish seeds to them. This writ

petition is instituted thereafter alleging that steps are being

taken to award supply contracts to the lowest bidders ignoring

the fact that they are ineligible to participate in the tender

process. The petitioner, therefore, seeks appropriate directions

in this regard in the writ petition. WP(C) NO. 12314 OF 2021

2. Heard the learned counsel for the petitioner as

also the learned counsel for the second respondent.

3. The learned counsel for the second respondent

submits that a final decision on the question of awarding the

supply contracts is yet to be taken by the second respondent.

Insofar as a final decision in the matter has so far

not been taken by the second respondent, the writ petition is

disposed of directing the second respondent to consider and

pass orders on Exts.P4 and P4(a) representations before

finalising the tender process pursuant to Ext.P3 series

invitations, after affording the petitioner an opportunity of

hearing.

Sd/-

P.B.SURESH KUMAR JUDGE Mn WP(C) NO. 12314 OF 2021

APPENDIX OF WP(C) 12314/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE LICENSE DATED 20.12.2017 ISSUED TO THE PETITIONER FOR FOR HATCHING & REARING NINE VARIETIES OF FISH SEED

Exhibit P1(a) COPY OF THE LICENSE DATED 23.12.2020 ISSUED TO THE PETITIONER FOR HATCHING & REARING 6 VARIETIES OF CARP

Exhibit P1(b) COPY OF THE REGISTRATION CERTIFICATE DATED 1.10.2020 ISSUED TO THE PETITIONER

Exhibit P2 COPY OF APPLICATION DATED 16.2.2021 SUBMITTED BY THE PETITIONER IN RESPECT OF PANGASIUS, PEARLS SPORT, ANABAS, KARI, MURREL, TILAPIA ETC

Exhibit P3 COPY OF THE RELEVANT PORTION OF THE TENDER NOTIFICATION DATED 5.5.2021 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF FRESH WATER CARP.

Exhibit P3(a) COPY OF THE RELEVANT PORTION OF THE TENDER NOTIFICATION DATED 5.5.2021 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF PANGASIUS

Exhibit P3(b) COPY OF THE RELEVANT PORTION OF THE TENDER NOTIFICATION DATED 5.5.2021 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF PEARLS SPORT AND OTHER INDIGENOUS SEEDS

Exhibit P3(c) COPY OF THE RELEVANT PORTION OF THE TENDER NOTIFICATION DATED 5.5.2021 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF NILE TILAPIA-MST-GENETICALLY IMPROVED SEEDS

Exhibit P3(d) COPY OF THE RELEVANT PORTION OF THE TENDER NOTIFICATION DATED 5.5.21 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF WP(C) NO. 12314 OF 2021

VANNAMI AND TIGER SHRIMP SEED

Exhibit P4 COPY OF THE REPRESENTATION DATED 1.7.2021 SUBMITTED BY THE PETITIONER BY EMAIL

Exhibit P4(a) COPY OF THE REPRESENTATION DATED 17.7.21 SUBMITTED BY THE PETITIONER BY E.MAIL