Star Constructions vs Cochin Corporation
2021 Latest Caselaw 20682 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                      WP(C) NO. 21052 OF 2021
PETITIONER:

            STAR CONSTRUCTIONS
            REPRESENTED BY ITS MANAGING PARTNER, E.J.SEVI,
            AGED 58 YEARS,
            S/O JOSEPH, EDAKKALAYIL BUILDING, CHANGAMPUZHA
            NAGAR P.O, KALAMASSERY, ERNAKULAM DISTRICT, PIN-
            682033.
            BY ADVS.
            P.G.SURESH
            ASWATHY KRISHNAN

RESPONDENTS:

    1       COCHIN CORPORATION
            PARK AVENUE, ERNAKULAM DISTRICT, KOCHI-682011,
            REPRESENTED THROUGH ITS SECRETARY.
    2       THE SECRETARY
            COCHIN CORPORATION, PARK AVENUE, ERNAKULAM
            DISTRICT, KOCHI-682011.
    3       THE PUBLIC HEALTH OFFICER
            COCHIN CORPORATION, PARK AVENUE.
            ERNAKULAM DISTRICT, KOCHI-682011.
    4       C K NAZEER
            AGED 55 YEARS
            S/O C.U.KASSIM, CORMMANCHERRY HOUSE, INDIRA
            JUNCTION, THOPPUMPADY P.O, THOPPUMPADY VILLAGE,
            KOCHI TALUK, ERNAKULAM DISTRICT-682005.
OTHER PRESENT:

            SRI.K.JANARDHANA SHENOY, SC


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   05.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.21052/2021

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.21052 of 2021
              ----------------------------------------------
            Dated this the 05th day of October, 2021


                            JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of Mandamus or any other appropriate writ directing the 1st and 2nd Respondents to uphold the conditions in the Exhibit P3 E- Tender Notice MOH4/025385/2020 and disqualify the 4th Respondent from the E - Tender process for the non compliance of relevant conditions mentioned in the Exhibit P3. ii. To issue a Writ Order or any such direction to the 1st and 2nd Respondents to take a decision on Exhibit P8 petition submitted by the Petitioner in accordance with the conditions mentioned in Exhibit P3 Notice.

iii. To issue writ or any direction to the 1 st and 2nd Respondents that the 4th Respondent is not qualified to participate in the E-Tender Process as E-Tender No. MOH4/025385/2020.

iv. Pass such any other order, direction or reliefs as this Honourable Court may deem fit in the interest of justice, equity and good conscience. W.P.(C).No.21052/2021

2. Grievance of the petitioner is that respondents 1

and 2 are proceeding with Ext.P3 e-tender notice in total

violation of certain clauses in it. The petitioner submitted

Ext.P8 representation before the 2 nd respondent. The counsel

submitted that the confirmation of tender in favour of the 4 th

respondent is illegal and he is not eligible as per the tender

conditions.

3. Heard the counsel for the petitioner and the

Standing Counsel for respondents 1 to 3. The way in which

the writ petition is going to be disposed, I think notice to the

4th respondent is not necessary at this stage.

4. The grievance of the petitioner is that the 4 th

respondent is not eligible to participate in the tender

proceedings. The petitioner already submitted Ext.P8

representation before the 2nd respondent. I think in the facts

and circumstances of the case, there can be a direction to the

2nd respondent to consider Ext.P8, after giving an opportunity

of hearing to the petitioner and the 4 th respondent, and pass

appropriate orders in accordance to law. All further

proceedings based on Ext.P3 tender proceedings will be

subject to the final decision in Ext.P8 representation to be W.P.(C).No.21052/2021

taken by the 2nd respondent.

Therefore, this writ petition is disposed in the following

manner:

1. The 2nd respondent is directed to consider and

pass appropriate orders in Ext.P8

representation in accordance to law, as

expeditiously as possible, at any rate, within

two weeks from the date of receipt of a copy of

this judgment.

2. Before passing final orders, the 2 nd respondent

will give an opportunity of hearing to the

petitioner and the 4th respondent.

3. All further proceedings based on Ext.P3 will be

subject to the final decision in Ext.P8

representation.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.21052/2021

APPENDIX OF WP(C) 21052/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY THE PARTNERSHIP DEED EXECUTED BETWEEN THE PARTNERS DATED 17.09.2019.

Exhibit P2 THE TRUE COPY THE EXPERIENCE CERTIFICATE ISSUED BY THE ANGAMALY MUNICIPALITY TO THE PETITIONER DATED 24.08.2021.

Exhibit P3 THE TRUE COPY THE E TENDER NOTICE ISSUED BY THE 3RD RESPONDENT ON BEHALF OF 1ST RESPONDENT INVITING TENDERS DATED 10.08.2021.

Exhibit P4 THE TRUE COPY THE REGISTRATION CERTIFICATE OF THE 7 TANKER VEHICLES POSSESSED BY THE PETITIONER.

Exhibit P5 THE TRUE COPY THE PRELIMINARY AGREEMENT EXECUTED WITH THE 1ST RESPONDENT DATED 17/09/2021.

Exhibit P6 THE TRUE COPY THE PRICE SCHEDULE (BOQ) UPLOADED BY THE PETITIONER.

Exhibit P7 THE TRUE COPY THE BOQ SUMMARY DETAILS UPLOADED BY THE 1ST RESPONDENT.

Exhibit P8 THE TRUE COPY THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.09.2021.

Exhibit P9 THE TRUE COPY THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CENTRAL POLICE STATION DATED 01.02.2021.

Exhibit P10 THE TRUE COPY THE RECEIPT ISSUED FROM THE CENTRAL POLICE STATION FOR THE ACCEPTANCE OF THE COMPLAINT LODGED BY THE PETITIONER DATED 02.10.2021.