New India Surgicals And Chemicals vs The Regional Cancer Centre
2021 Latest Caselaw 7544 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.2330 OF 2021(M)


PETITIONER:

               NEW INDIA SURGICALS AND CHEMICALS,
               DOOR NO.30/1212N, PRASANTH BUILDING,
               MEDICAL COLLEGE P.O.KOZHIKODE-673 008.
               REPRESENTED BY ITS MANAGING PARTNER PRASANTH
               NARAYANAN

               BY ADVS.
               SRI.A.RANJITH NARAYANAN
               SRI.SREEJITH CHEROTE
               SMT.A.SIMI

RESPONDENTS:

      1        THE REGIONAL CANCER CENTRE
               REPRESENTED BY THE DIRECTOR,
               REGIONAL CANCER CENTRE, MEDICAL COLLEGE CAMPUS,
               THIRUVANANTHAPURAM-695 011.

      2        STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      3        UNION OF INDIA,
               REPRESENTED ITS SECRETARY TO GOVERNMENT,
               MINISTRY OF HEALTH AND FAMILY WELFARE,
               NIRMAN BHAVAN, NEW DELHI-110 011.

      4        THE EXCISE COMMISSIONER,
               EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O. NANDAVANAM,
               THIRUVANANTHAPURAM-695 033.

      5        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               KERALA STATE EXCISE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.
 WP(C).No.2330 OF 2021(M)

                                 2

      6      CHENKEM
             NO.8, VALARMATHI ILLAM, CHINNA SWAMI LAYOUT,
             PEELAMEDU, COIMBATORE-641 004, TAMIL NADU STATE,
             REPRESENTED BY ITS PROPRIETOR,
             SRI M SRINIVAS
             (E-MAIL: [email protected])

      7      THE DEPUTY EXCISE COMMISSIONER,
             KOZHIKODE DIVISION, EXCISE DIVISION OFFICE CIVIL
             STATION, D BLOCK, GROUND FLOOR, CIVIL STATION P.O.
             KOZHIKODE-673 020.

             BY ADV. SRI.ATHUL SHAJI
             BY SMT.MAHESWARY.G., CGC

OTHER PRESENT:

             SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2330 OF 2021(M)

                                        3


                            J U D G M E N T

Petitioner claims to the second lowest bidder

pursuant to Ext.P8 tender notification issued by the

first respondent on 20.04.2020. The 6 th respondent was

L1 and selection notice was issued to him. Petitioner

claims that the 6th respondent is not having the

requisite qualification as per the tender conditions

as he does not have licence to possess transport or

supply pure Alcohol. It is stated that as per Ext.P4

tender pre-qualification sample of Rectified Spirit

has been transported by the bidders to the 1 st

respondent for approval and it was thereafter the 6 th

respondent was listed as L1 and petitioner was listed

as L2. On the basis of information collected under RTI

Act petitioner claims that 6th respondent does not

have valid licence for holding or supplying pure

Alcohol which is one of the requisite qualifications

for carrying out the work tendered. Pointing out the

same, petitioner had submitted Ext.P5 representation

before the 1st respondent and he had also submitted WP(C).No.2330 OF 2021(M)

Ext.P6 complaint before the 4 th respondent in which he

had requested to advice the RCC in the matter of

purchasing absolute Alcohol only from those having

valid RSI licence.

2. I heard the learned Standing Counsel for the

first respondent, who submitted that representations

would be considered and it would be ascertained

whether the 6th respondent is having valid licence.

The writ petition is therefore disposed of

directing the first respondent to consider Ext.P5

complaint submitted by the petitioner and to take a

decision after hearing the petitioner as well as the

6th respondent. There shall be a further direction to

the 4th respondent to consider Ext.P6 representation

and to take appropriate action on the request. Orders

shall be passed within a period of 'one month' from

the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.2330 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEED OF PARTNERSHIP DATED 10.10.2013

EXHIBIT P2 TRUE COPY OF THE LICENCE NO 1/2018-19 DATED 24.9.2018

EXHIBIT P3 TRUE COPY OF THE LICENCE NO 33/2012-

13/TVPM ISSUED TO THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE TENDER SUMMARY REPORTS DATED 29.5.2020

EXHIBIT P5 TRUE COPY OF THE COMPLAINT PREFERRED TO THE 1ST RESPONDENT

EXHIBIT P5 (A) TRUE COPY OF THE POSTAL RECEIPT DATED 13.1.2021

EXHIBIT P6 TRUE COPY OF THE COMPLAINT PREFERRED TO THE 4TH RESPONDENT

EXHIBIT P6 (A) TRUE COPY OF ITS POSTAL RECEIPT DATED 14.1.2021

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 14.1.2021 ISSUED BY THE DEPUTY EXCISE COMMISSIONER, KOZHIKODE TO THE 4TH RESPONDENT, EXCISE COMMISSIONER, THIRUVANANTHAPURAM

EXHIBIT P8 TRUE COPY OF THE NOTICE INVITING E-

TENDER DATED 20/04/2020 PUBLISHED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REQUISITION DATED 12/01/2020.

EXHIBIT P10 TRUE COPY OF THE REPLY DATED 23/01/2021 ISSUED BY THE DEPUTY EXCISE COMMISSIONER, THIRUVANANTHAPURAM.

EXHIBIT P11 TRUE COPY OF THE REPLY DATED WP(C).No.2330 OF 2021(M)

30/01/2021 ISSUED BY THE PUBLIC INFORMATION OFFICER, EXCISE DIVISION, ALAPPUZHA.

EXHIBIT P12 TRUE COPY OF THE REPLY DATED 05/02/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, KOLLAM.

EXHIBIT P13 TRUE COPY OF THE REPLY DATED 30/01/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, THIRUVANANTHAPURAM.

EXHIBIT P14 TRUE COPY OF THE REPLY DATED 02/02/2021 ISSUED BY THE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, PATHANAMTHITTA.

EXHIBIT P15 TRUE COPY OF THE REPLY DATED 03/01/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, PALAKKAD.

EXHIBIT P16 TRUE COPY OF THE REPLY DATED 02/02/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, KOZHIKODE.

EXHIBIT P17 TRUE COPY OF THE REPLY DATED 30/01/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, KANNUR.

EXHIBIT P18 TRUE COPY OF THE REPLY DATED 30/01/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, IDUKKI, THODUPUZHA.

EXHIBIT P19 TRUE COPY OF THE REPLY DATED 04/02/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, WAYANAD.

EXHIBIT P20 TRUE COPY OF THE REPLY DATED 06/02/2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, EXCISE DIVISION OFFICE, KASARAGOD.