Ramesh.P vs The Municipal Corporation Of ...
2021 Latest Caselaw 8504 Ker

WP(C).No.6178 OF 2021(V)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.6178 OF 2021(V)


PETITIONER/S:

                RAMESH.P
                AGED 42 YEARS
                S/O.RAMACHANDRAN, SOUBAGYA, POMMADATH PARAMB P.O,
                KALLAI, KOZHIKODE - 673003.

                BY ADVS.
                SRI.DIPU.R
                SRI.K.S.BAIJU
                SMT. DEVI KRIPA R.
                SMT.K.P.SUSMITHA
                SMT.DHANYA BABU
                SMT.NEETHU SASI

RESPONDENT/S:

      1         THE MUNICIPAL CORPORATION OF KOZHIKODE
                REPRESENTED BY ITS SECRETARY, KOZHIKODE MUNICIPAL
                CORPORATION OFFICE BEACH, NEAR AKASHVANI,
                KOZHIKKODE - 673032.

      2         THE SECRETARY
                MUNICIPAL CORPORATION KOZHIKKODE, KOZHIKKODE
                MUNICIPAL CORPORATION OFFICE, BEACH, NEAR
                AKASHVANI, KOZHIKKODE - 673032.

      3         THE DEPUTY SECRETARY
                MUNICIPAL CORPORATION KOZHIKKODE, KOZHIKKODE
                MUNICIPAL CORPORATION OFFICE, BEACH, NEAR
                AKASHVANI, KOZHIKKODE - 673032.

                R1-2 BY ADV. SHRI.V.KRISHNA MENON, SC, KOZHIKODE
                MUNICIPAL CORPORATION

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6178 OF 2021(V)
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                                        JUDGMENT

Dated this the 15th day of March 2021

The Writ Petition is filed aggrieved by the re-tender

notification issued by the Corporation as per Ext.P5. The

petitioner points out that in respect of collecting parking fee

under the area of E.K.Nayanar over bridge at Mavoor Road a

tender was already invited as per Ext.P1 and petitioner was the

successful bidder. It is also stated that 50% of the bid amount

was already paid and a sum of Rs.9 lakhs was paid by the

petitioner as per Exts.P2 and P3 as EMD.

2. The learned counsel for the Kozhikkode Corporation on

instructions submitted that the bid amount was considerably low

and therefore retender notification was issued and the bid on

the basis of Ext.P5 re-tender notification has already been

opened.

It is seen that the EMD and 50% of the bid amount remitted

by the petitioner is with the respondents. Even though the

learned counsel for the petitioner submitted that the bid was

already fixed in favour of the petitioner and thereafter the

respondents cannot issue a retender notification with respect to

the very same work, the learned counsel for the respondents

points out that it is for the Corporation to take a decision in

the interest of public as is discernible from Ext.P1. Therefore, WP(C).No.6178 OF 2021(V)

respondents shall take expeditious steps for refund of the EMD

and the amount paid towards the bid fixed in favour of the

petitioner as per Exts.P2 and P3 at the earliest within a period

of two weeks from the date of receipt of a copy of the judgment.

The Writ Petition is disposed of accordingly.

Sd/-

                                            P.V.ASHA

rkc                                          JUDGE
 WP(C).No.6178 OF 2021(V)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE PUBLIC AUCTION
                     NOTICE/TENDER   ADVERTISEMENT    WITH   NO.

M36/65310/20 DATED 20.01.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF RECEIPT WITH NO. 0191100 DATED 08.02.2021.

EXHIBIT P3 THE TRUE COPY OF RECEIPT DATED 08.02.2021 ISSUED BY THE 1ST RESPONDENT EVIDENCING THE PAYMENT OF RS.812778 BY THE PETITIONER.

EXHIBIT P4 THE TRUE COPY OF REQUEST DATED 08.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE ADVERTISEMENT FOR REAUCTION/RETENDER WITH NO. A36/65310/20 PUBLISHED IN MALAYALA MANORAMA DAILY DATED 04.03.2021.

EXHIBIT P6 THE TRUE COPY OF COMMUNICATION WITH A.36/65310/20 DATED 04.03.2021.