Suresh Mathew vs The Principal Chief Conservator ...
2021 Latest Caselaw 12479 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
          TUESDAY, THE 18TH DAY OF MAY 2021 / 12TH MAGHA,1942
                           WP(C) NO 2653 OF 2021


PETITIONER:


1.            SURESH MATHEW,
              S/O.K.M.MATHEW, AGED 61 YEARS,NEDUMCHIRAYIL HOUSE,
              S.H.MOUNT P.O., KOTTAYAM PIN 686 006

     BY ADVS M.C.JOHN
RESPONDENTS:


1.            THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
              (PLANNING AND DEVELOPMENT), FOREST HEADQUARTERS,
              THIRUVANANTHAPURM PIN 695 014
2.            THE CHIEF CONSERVATOR OF FORESTS
              SOUTHERN CIRCLE, KOLLAM PIN 691 001.
3.            THE CHIEF FOREST OFFICER
              RANNI, PATHANAMTHITTA PIN 689 961
4.            M/S.KOTTACKAL TIMBERS
              REP.BY MANAGING PARTNER, RAJAN MATHEW, AGED 64, KOTTACKAL
              HOUSE, ADOOR, PATHANAMTHITTA PIN 695 523

      R1-R3   BY GOVERNMENT PLEADER SMT.K.M.RASHMI
      R4 BY   ADV.SRI. MANU RAMACHANDRAN
      R4 BY   ADV.SRI.SAMEER M.NAIR
      R4 BY   ADV. SRI.T.S.SARATH
      R4 BY   ADV. SRI. R.RAJESH (VARKALA)
      R4 BY   ADV. SRI. M.KIRANLAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION               ON
18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.2653/2021

                               2




                         JUDGMENT

Dated this the 18th day of May, 2021

The petitioner states that he is a registered A Class

Forest Contractor. Renewal of his registration for the year

2020-21 was not granted by the Registering Authority.

Registration was renewed only in pursuance of Ext.P5

judgment of this Court. In the absence of registration, the

tender submitted by the petitioner as Ext.P1 in response to

Bid ID No.888278, was not considered. However, pursuant

to the interim order of this Court, Ext.P1 was considered.

2. The petitioner would further state that the 4 th

respondent being a trader in timber, was not qualified to bid.

The petitioner therefore submitted Ext.P4 representation to

the respondents. The 3rd respondent however without

considering the representation of the petitioner, is taking

steps to award the work to the 4 th respondent. The WP(C) No.2653/2021

petitioner therefore prays that the 3 rd respondent may

directed to take up Ext.P4 representation and pass orders

thereon taking into consideration the condition No.15 in

Ext.P2 NIT.

3. The 4th respondent entered appearance and filed

counter affidavit controverting all material contentions of the

petitioner. The 4th respondent is not liable to be disqualified,

contended the 4th respondent.

4. I have heard the learned counsel for the

petitioner, learned Government Pleader representing

respondents 1 to 3 and the learned counsel for the 4 th

respondent.

5. The petitioner has submitted Ext.P4

representation before the 3rd respondent. The case of the

petitioner is that the 4th respondent is disqualified for making

a bid pursuant to the NIT in question. The 4 th respondent is

a timber merchant, according to the petitioner. WP(C) No.2653/2021

6. This is a disputed question of fact and therefore

this Court is of the opinion that a factual adjudication on the

issue should be made by the 3rd respondent, atleast at the

first instance.

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P4

representation submitted by the petitioner within a period of

six weeks, giving an opportunity of hearing to the petitioner

as well as the 4th respondent. The 3rd respondent will be at

liberty to grant the opportunity of hearing through virtual

mode/video conferencing.

Sd/-

N. NAGARESH JUDGE ncd/18.05.2021 WP(C) No.2653/2021

APPENDIX PETITIONER'S EXHIBTS

EXHIBIT P1 TRUE COPY OF THE BID SUBMISSION CONFIRMATION DATED 18.06.2020.

EXHIBIT P2 TRUE COPY OF THE NOTICE INVITING TENDER (NIT) DATED 27.07.2020 OF MALAYATTOOR DIVISION.

EXHIBIT P3 TRUE COPY OF GST RETURN DETAILS DATED 20.03.2020 OF THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 06.07.2020 TO 3RD RESPONDENT FROM PETITIONER EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 28.09.2020 IN WPC NO.12389/2020 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 16.11.2020 IN WP(C)NO.24241/2020 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 19.01.2021 IN W.A.NO.1568/2020 OF THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS

EXHIBIT R4(a)         THE TRUE COPY OF THE NOTICE INVITING
                      TENDER    (NIT)    AND    THE    TENDER
                      NOTIFICATION    OF    E-TENDER    DATED

25.05.2020 BY THE 3RD RESPONDENT EXHIBIT R4(b) THE TRUE COPY OF THE INFORMATION GATHERED FROM THE 3RD RESPONDENT UNDER RTI VIDE NO.KNC10-1418/2021 DATED 26.02.2021.

EXHIBIT R4(c) THE TRUE COPY OF THE CROSS OBJECTION WITH FILING NO.471/2021.

EXHIBIT R4(d) THE TRUE COPY OF THE APPENDIX XX OF KERALA FOREST DEPARTMENT CODE.