P.Anil Kumar vs State Of Kerala
2021 Latest Caselaw 12687 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    WEDNESDAY, THE 2ND DAY OF JUNE 2021/12TH JYAISHTA, 1943
                    WP(C) NO. 11567 OF 2021


PETITIONER:
0



           P.ANIL KUMAR, AGED 47 YEARS,
           S/O. PURUSHOTHAMAN NAIR, RESIDING AT
           KOLLAKUZHIYIL VEEDU, ERUVA MURI,
           PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK,
           ALAPPUZHA DISTRICT.

           BY ADV A.SHAFEEK (KAYAMKULAM)


RESPONDENTS:

      1    STATE OF KERALA REPRESENTED BY
           THE SECRETARY TO GOVERNMENT,
           STATIONARY DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.

      2    THE STATIONARY CONTROLLER,
           OFFICE OF THE STATIONARY CONTROLLER,
           THIRUVANANTHAPURAM-695 033.

      3    THE DEPUTY STATIONARY CONTROLLER,
           OFFICE OF THE STATIONARY CONTROLLER,
           THIRUVANANTHAPURAM-695 033.

      4    THE TEXT BOOK OFFICER,
           THE OFFICE OF THE TEXT BOOK OFFICER,
           PADMAVILASAM ROAD, FORT P.O.,
           THIRUVANANTHAPURAM-695 023.

           BY SENIOR GOVERNMENT PLEADER SRI.K.P.HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 02.06.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11567/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 2nd day of June, 2021

The petitioner, who was successful in the tender

floated by the Stationery Controller for procurement of waste

papers and old text books, has filed this writ petition seeking

to extend the period of tendered work.

2. Pursuant to a tender process, the petitioner was

selected to remove the old text books from different depots

across Kerala. As per the contract, the petitioner had to lift

and remove the old text books on or before 31.03.2021.

According to the to the petitioner, though the petitioner

approached various Depots, he was not permitted to lift the

books for want of instructions to the Depot heads. Instructions

in this regard were issued only on 16.03.2021 and the period

was to expire on 31.03.2021.

WP(C) No.11567/2021

3. Immediately thereafter, the 1st respondent issued

tender notification for the same work for the year 2021-'22.

However, the respondents extended the time given to the

petitioner up to 31.05. 2021 as per Ext.P7. Even this

extension of time by two months was insufficient to carry out

even a part of the work, contends the petitioner. The petitioner

therefore submitted Ext.P8 representation seeking to further

extend the time. Ext.P8 has not even been considered by the

respondents, rues the petitioner.

4. The learned Government Pleader, on the other

hand, argued that this is a purely contractual issue falling

within the sphere of commercial law and this Court should not

entertain this writ petition under Article 226 of the Constitution

of India as no fundamental or statutory right of the petitioner is

violated by the respondents.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

WP(C) No.11567/2021

6. The petitioner has responded to Ext.P1 notification

dated 26.02.2020 and was selected for the work. The

petitioner was selected and the agreement was confirmed, but

necessary instructions were given to heads of various offices

only on 05.03.2021, as per Ext.P2. Furthermore, there were

certain litigations also, pending in the matter. Therefore, the

respondents themselves extended the period of contract till

31.05.2021.

7. It is not disputed that the Covid-19 Pandemic and

the pending litigations, have affected the execution of work. It

is submitted at the Bar that the proceedings for fresh tenders

pursuant to Ext.P6 have not been finalised so far. In the said

circumstances, this Court is of the opinion that the request

made by the petitioner as per Ext.P8 is liable to considered by

the 2nd respondent in accordance with law.

The writ petition is therefore disposed of directing

the 2nd respondent to consider Ext.P8 representation

submitted by the petitioner for enlargement of time, within a

period of one month. In the meanwhile and till a decision is WP(C) No.11567/2021

taken by the 2nd respondent on Ext.P8 representation, the

petitioner should be permitted to carry out the work awarded

to him on the same conditions as stipulated in Ext.P5

proceedings.

Sd/-

N. NAGARESH, JUDGE

aks/07.06.2021 WP(C) No.11567/2021

APPENDIX

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE TENDER NOTICE DATED 26.2.2020 ISSUED BY THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P2 TRUE COPY OF THE CIRCULAR DATED 5.3.2021 ISSUED BY THE 2ND RESPONDENT SELECTING THE PETITIONER TO LIFT THE OLD BOOKS ALONG WITH ENGLISH TRANSLATION.

Exhibit P3 TRUE COPY OF THE IDENTITY CARD AFFIXING THE PHOTO OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE ORDER DATED 16.3.2021 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P5 TRUE COPY OF THE ORDER DATED 29.3.2021 ISSUED BY THE 2ND RESPONDENT EXTENDING THE TIME LIMIT FOR LIFTING THE TEXT BOOKS FROM 31.3.2021 TO 31.5.2021 ALONG WITH ENGLISH TRANSLATION.

Exhibit P6 TRUE COPY OF THE TENDER NOTICE DATED 31.3.2021 ISSUED BY THE 2ND RESPONDENT FOR AUCTIONING THE WASTE PAPERS AND OLD TEXT BOOKS THAT WAS IN THE CUSTODY OF DIFFERENT OFFICES DURING 2021-2022 ALONG WITH ENGLISH TRANSLATION.

Exhibit P7            TRUE COPY OF THE LETTER DATED 19.4.2021
                      ISSUED BY THE 3RD RESPONDENT TO THE
                      PETITIONER     ALONG      WITH     ENGLISH
                      TRANSLATION.
Exhibit P8            TRUE COPY OF THE REPRESENTATION DATED

6.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT REQUESTING TO EXTEND THE TIME FOR LIFTING THE OLD TEXT BOOKS ALONG WITH ENGLISH TRANSLATION. ncd