Link Surgicals & Medi Systems vs District Project Coordinator
2021 Latest Caselaw 8711 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                       WP(C).No.6733 OF 2021(N)


PETITIONER:

               LINK SURGICALS & MEDI SYSTEMS,
               MEDICAL AND SURGICAL DISTRIBUTORS,
               HAJI BUILDING, FORT ROAD, KANNUR-670 001,
               REPRESENTED BY ITS MANAGING PARTNER,
               HARIKRISHNAN NAMBIAR, S/O. T.DAMODARAN NAMBIAR,
               AGED 53 YEARS, RESIDING AT KRISHNAGADHA,
               MUZHAPPILANGAD.P.O, PIN-670 662, KANNUR.

               BY ADVS.
               SRI.SAJITH KUMAR V.
               SRI.VIVEK A.V.
               SRI.GODWIN JOSEPH
               SRI.SANKAR INDUCHOODAN
               SMT.APARNA CHANDRAN

RESPONDENTS:

      1        DISTRICT PROJECT COORDINATOR,
               SAMAGRA SHIKSHA KERALA (SSK),
               SARVA SHIKSHA ABHIYAN KERALA, MALAPPURAM,
               DOWN HILL .P.O, MALAPPURAM-676 505.

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE, UP HILL, MALAPPURAM, KERALA-676 505.

      3        THE DISTRICT PANCHAYATH MALAPPPURAM,
               REPRESENTED BY ITS SECRETARY,
               MALAPPURAM DISTRICT PANCHAYAT BHAVAN,
               CIVIL STATION(P.O), MALAPPURAM-676 505.

      4        KERALA STATE INDUSTRIAL ENTREPRISES LTD.,
               REPRESENTED BY ITS MANAGING PARTNER,
               ST.JOSEPH PRESS BUILDING,COTTON HILL,
               VAZHUTHAKKAD,THIRUVANANTHAPURAM, PIN-695 014.

               BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
                        SRI.M.GOPIKRISHNAN NAMBIAR, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6733 OF 2021(N)

                                  2


                             JUDGMENT

The petitioner has got some grievance

over the finalisation of the tenders invited

as per Ext.P1 notification. He claims that he

was L1 tenderer with respect to more than 16

items and a meeting was conducted on

04.02.2021 in respect of the tender invited as

per Ext.P1.

2. Petitioner complains that the contract

is awarded to 4th respondent discarding the

tender submitted by the petitioner. Pointing

out the same, petitioner has submitted Ext.P5

representation before the 1st respondent.

3. The learned Government Pleader points

out that petitioner has not produced any

material in support of his claim.

4. I heard the learned Standing Counsel

for the 4th respondent, who pointed out that

absolutely no material has been produced WP(C).No.6733 OF 2021(N)

regarding the selection or the right of the

petitioner even assuming he is to get awarded

the contract.

As it is seen that petitioner has

approached the 1st respondent with a

representation, there shall be a direction to

the 1st respondent to consider the same and

pass orders in accordance with law.

             Accordingly,         the     writ   petition    is

    disposed of.                                     Sd/-

                                                  P.V.ASHA
                                                    JUDGE
    ww
 WP(C).No.6733 OF 2021(N)




                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           A   TRUE  COPY   OF  TENDER   NOTICE  DATED

05/01/2021 ALONG WITH GENERAL TERMS AND CONDITIONS ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE PRODUCT SPECIFICATION DATED NIL PLACED BY THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE LIST DATED NIL SHOWING THE REQUIREMENTS OF VARIOUS BRCS ISSUED BY VENUGOPALAN K.V, DISTRICT PROJECT CO- ORDINATOR, SSK MALAPPURAM.

EXHIBIT P4 A TRUE COPY OF THE PETITION DATED 24.02.2021 SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE PETITION DATED 09.03.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.