M/S Wowels vs Kerala State Road Transport ...
2021 Latest Caselaw 10671 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.4334 OF 2021(N)


PETITIONER:

               M/S WOWELS,
               T.C.14/2061, VANROSS JUNCTION, UNIVERSITY
               P.O.THIRUVANANTHAPURAM-695 034,
               REPRESENTED BY ITS MANAGING PARTNER, R.VINOD,
               S/O P.RAVINDRAN NAIR, AGED 50 YEARS, RESIDING AT
               VISHNUPRIYA T.C.21/168(1) N.S.S.KARAYOGAM ROAD,
               KARAMANA, THIRUVANANTHAPURAM-695 002.

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

RESPONDENTS:

      1        KERALA STATE ROAD TRANSPORT CORPORATION,
               REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
               BHAVAN, FORT P.O.THIRUVANANTHAPURAM-695 023.

      2        THE MANAGING DIRECTOR,
               KERLA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
               BHAVAN, FORT P.O.THIRUVANANTHAPURAM-695 023.

      3        THE ESTATE OFFICER,
               KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
               BHAVAN, FORT P.O.THIRUVANANTHAPURAM-695 023.

      4        THE STATE O F KERALA,
               REPRESENTED BY SECRETARY TRANSPORT DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

               R1-3 BY ADV. SRI.P.C.CHACKO(PARATHANAM)

OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 14W.P(C).4334/2021
                                       2




                                JUDGMENT

It is seen that Ext.P19 notice blacklisting the petitioner has been

issued by the Managing Director of KSRTC. Ext.P20 reply given by the

petitioner shall be considered by the Managing Director within a period

of one month from the date of receipt of a copy of this judgment. It is

stated that, in the light of the decision taken by the KURTC in a similar

situation evidenced by Ext.P18, petitioner has filed Ext.P21

representation before the Secretary, Government of Kerala, Transport

Department, Thiruvananthapuram which is pending. The Secretary

shall consider the request made in Ext.P21 with reference to Ext.P18

within one month from today, after considering the objection of the

KSRTC also.

In the light of the pendency of the civil suit, I feel that, no further

orders are required.

Writ Petition is accordingly closed.

Sd/-

                                                 SUNIL THOMAS

Sbna                                                    JUDGE
 14W.P(C).4334/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE   COPY   OF   THE    EXTRACTS   OF   THE
                     REGISTRATION    DETAILS    ISSUED    BY   THE
                     REGISTRAR OF FIRMS

EXHIBIT P2           TRUE COPY OF THE TENDER NOTICE DATED

25.9.2018 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 TRUE COPY OF THE TENDER CONDITIONS OF THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE LETTER OF ACCEPTANCE (LOA) NO ES3/023300/2018 DATED 20.3.2019

EXHIBIT P5 TRUE COPY OF THE LETTER NO WW NO 18821/08/19 DATED 29.3.2019 ISSUED BY THE PETITIONER TO THE MANAGING DIRECTOR KSRTC

EXHIBIT P6 TRUE COPY OF THE CASH RECEIPT DATED 22.4.2019 ISSUED TO THE PETITIONER BY KSRTC

EXHIBIT P7 TRUE COPY OF THE MEMORANDUM DATED 12.4.2019 ISSUED BY THE ESTATE OFFICE KSRTC

EXHIBIT P8 TRUE COPY OF THE GOODS & SERVICES TAX REGISTRATION CERTIFICATE OF M/S CHAKRA COMMUNICATIONS

EXHIBIT P9 TRUE COPY OF THE AGREEMENT DATED 1.2.2018 BETWEEN KSRTC AND M/S CHAKRA COMMUNICATION

EXHIBIT P10 TRUE COPY OF THE LETTER NO E.S3/02332/2016 DATED 5.9.2018 ISSUED BY THE MANAGING DIRECTOR KSRTC TO M/S CHAKRA COMMUNICATIONS

EXHIBIT P11 TRUE COPY OF THE LETTER NO E.S3/023321 DATED 3.10.2018 ISSUED BY THE ESTATE OFFICE KSRTC TO M/S CHAKRA COMMUNICATION

EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 9.6.2020 SUBMITTED BY THE PETITIONER TO THE ESTATE OFFICER KSRTC

EXHIBIT P13 TRUE COPY OF THE ORDER NO ES3/023300/2018 DATED 16.7.2020 OF THE ESTATE OFFICER KSRTC 14W.P(C).4334/2021

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 30.7.2020 SUBMITTED BY THE PETITIONER FIRM TO THE ESTATE OFFICER KSRTC

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE ESTATE OFFICER KSRTC DATED 28.8.2020

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE MANAGING DIRECTOR KSRTC DATED 28.9.2020

EXHIBIT P17 TRUE COPY OF THE LETTER NO ES3/023300/2018 DATED 3.12.2020 ISSUED BY THE ESTATE OFFICER KSRTC

EXHIBIT P18 TRUE COPY OF THE ORDER NO TRANS-

A2/326/2019-TRANS DATED 12.12.2019 OF THE PRINCIPAL SECRETARY-TRANSPORT DEPARTMENT

EXHIBIT P19 TRUE COPY OF THE NOTICE NO ES3/023300/2018 DATED 14.12.2020 ISSUED BY THE MANAGING DIRECTOR KSRTC

EXHIBIT P20 TRUE COPY OF THE REPLY DATED 24.12.2020 SUBMITTED BY THE PETITIONER TO THE MANAGING DIRECTOR KSRTC

EXHIBIT P21 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 15.03.2021

RESPONDENT'S EXHIBITS:

EXHIBIT R1A TRUE COPY OF PLAINT IN OS.NO.211 OF 2020 DATED 03/12/2020 ON THE FILE OF SUB COURT, THIRUVANANTHAPURAM WITHOUT DOCUMENTS FILED BY PETITIONER AND OTHERS.

EXHIBIT R1B TRUE COPY OF THE COUNTER AFFIDAVIT DATED 15/02/2021 FILED BY THE 1ST RESPONDENT IN IA.NO.1 OF 2020 IN OS.NO.211 OF 2020 ON THE FILES OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM.

EXHIBIT R1C TRUE COPY OF THE ORDER DATED 12/04/2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT R1D TRUE COPY OF THE NOTICE DATED 01/10/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

14W.P(C).4334/2021

EXHIBIT R1E TRUE COPY OF THE NOTICE DATED 15/10/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT R1F TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 06/12/2019.

EXHIBIT R1G TRUE COPY OF THE COMMUNICATION SENT BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT R1H TRUE COPY OF THE NOTICE DATED 02/03/2020 ISSUED BY THE 3RD RESPONDENT TOTHE PETITIONER.

EXHIBIT R1I TRUE COPY OF THE DATED 11/06/2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT R1J TRUE COPY OF THE DETAILS OF REMITTANCE AND DUES FROM TEH PETITIONER

EXHIBIT R1K TRUE COPY OF THE COMMUNICATION DATED 21.01.2021 ISSUED BY THE DIRECTOR, INFORMATION AND PUBLIC RELATION DEPARTMENT, GOVERNMENT OF KERALA TO TEH 1st RESPONDENT

EXHIBIT R1L TRUE COPY OF TEH TENDER NOTICE DATED 27.01.2021 ISSUED BY THE 1st RESPONDENT

EXHIBIT R1m TRUE COPY OF THE QUOTATION GIVEN BY TEH KSRTC ON 28.01.2021

EXHIBIT R1n TRUE COPY OF TEH ORDER DATED 03.02.2021 ISSUED BY THE DIRECTOR, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, GOVERNMENT OF KERALA

EXHIBIT R1O TRUE COPY OF THE TENDER SUBMITTED BY TEH ADON WHEEL DATED 04.02.2021 TO THE 1ST RESPONDENT

EXHIBIT R1P TRUE COPY OF THE WORK ORDER DATED 08.02.2021