Abdul Salam vs State Of Kerala
2022 Latest Caselaw 4103 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                WP(C) NO. 27487 OF 2021
PETITIONER:

         ABDUL SALAM
         AGED 64 YEARS
         S/O. YOOSUFKUNHI, VADAKKUMTHALA P.O.,
         KARUNAGAPALLY, KOLLAM-690536. PRPRIETOR-
         PANICKATH MOTORS.

         BY ADVS.
         SHIRAZ ABDULLA
         K.ABDUL NASSAR


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2    THE KERALA MINERALS AND METALS LTD., (KMML)
         SANKARAMANGALAM, CHAVARA, KOLLAM-691 583.
         REPRESETNED BY ITS MANAGING DIRECTOR.
    3    KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
         TRANSPORT BHAVAN, THIRUVANANTHAPURAM-695 023,
         REPRESENTED BY ITS MANAGING DIRECTOR.

         BY ADV LATHA ANAND
         SMT.PARVATHY KOTTOL, GP
         SRI.DEEPU THANKAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2022, ALONG WITH WP(C).6406/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.27487/2021 & 6406/2022
                                 :2:



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                    WP(C) NO. 6406 OF 2022
PETITIONER:

           ABDUL SALAM,
           AGED 64 YEARS
           S/O.YOOSUFKUNHI, VADAKKUMTHALA P.O.,
           KARUNAGAPPALLY, KOLLAM-690 536, PROPRIETOR,
           PANICKATH MOTORS.

           BY ADV SHIRAZ ABDULLA.M.S


RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2      THE KERALA MINIERALS AND METALS LTD (KMML),
           SANKARAMANGALAM, CHAVARA, KOLLAM-691 583,
           REPRESENTED BY ITS MANAGING DIRECTOR.


           SMT.PARVATHY KOTTOL GP
           SMT.LATHA ANAND, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2022, ALONG WITH WP(C).27487/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.27487/2021 & 6406/2022
                                 :3:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
          W.P.(C) No.27487 of 2021 and 6406 of 2022

          `````````````````````````````````````````````````````````````
                 Dated this the 7th day of April, 2022

                            JUDGMENT

~~~~~~~~~

The petitioner, who is engaged in the business of

providing transport facilities to various companies, has

approached this Court seeking to command the Kerala

Minerals and Metals Limited to scrutinise the price bids

received pursuant to tender dated 22.09.2021 and finalise

the tender process. The petitioner also seeks to direct the

respondents not to proceed any further with the decision to

award work covered under the tender to KSRTC without

following tender norms.

2. The Kerala Minerals and Metals Limited (KMML) is

a State Public Sector Undertaking. The KMML floated a

notification dated 22.09.2021 inviting tender for conveyance W.P.(C) Nos.27487/2021 & 6406/2022

contract to arrange transport facilities to its employees. The

petitioner submitted his bid. The price bids were not opened.

To the surprise of the petitioner, a notice dated 29.11.2021

was affixed in the notice board of the KMML intimating that

from 01.12.2021, buses of the Kerala State Road Transport

Corporation (KSRTC) will be conducting service. The KMML

is awarding contract to the KSRTC without due process of

law. The petitioner therefore filed W.P.(C) No.27487/2021 to

quash Ext.P5 notice dated 29.11.2021.

3. Subsequently, the KMML issued a Corrigendum to

the tender dated 22.09.2021 to the effect that due to

technical reason, the tender floated on 22.09.2021 has been

cancelled. The petitioner challenges the said corrigendum,

in W.P.(C) No.6406/2022.

4. The learned counsel for the petitioner argued that

when a Public Sector Undertaking invites a public tender and

commences the tender process, no back door selection can

be done. The petitioner has vast experience in the field of

conveyance and in the past, he has been awarded the same W.P.(C) Nos.27487/2021 & 6406/2022

work on seven occasions. No public institution can abandon

a tender notice in order to pick and choose parties at their

pleasure. The KMML is therefore compellable to process

and scrutiny the bids received pursuant to the original tender

and award the work to eligible bidder.

5. The KMML entered appearance and resisted the

writ petition. The Standing Counsel for KMML submitted that

though NIT was published and techno commercial evaluation

of bidders were done, the price bid was not opened. On

19.10.2021, the Chairman and Managing Director of the

KSRTC requested the KMML to consider the KSRTC for the

work without tender, taking into consideration the status of

the KSRTC as a Public Sector Undertaking.

6. The Secretary to Transport Department also

informed the KMML that the KSRTC is ready to operate the

service on trial basis. Thereupon, a meeting of Management

and Trade Unions was convened on 03.11.2021. The

meeting decided to entrust the operation of conveyance

facility to the KSRTC on trial basis. W.P.(C) Nos.27487/2021 & 6406/2022

7. The learned Standing Counsel for the KMML

submitted that the KSRTC is still extending their services.

The petitioner has no legal right to insist that bids received

pursuant to the original tender notification should be

processed and finalised. The KMML has a right to decide its

own course of action.

8. The Deputy Law Officer of the KSRTC filed a

counter affidavit. It is submitted that KSRTC operates the

services for KMML without any lapses at a comparatively

cheaper rate. The KSRTC is facing huge difficulties in

conducting their operations. The buses of the KSRTC are

not fully used for operation. The services rendered by the

KSRTC to KMML will not in any manner affect the legal right

of the petitioner.

9. I have heard the learned counsel for the petitioner

and the respective learned Standing Counsel for KMML and

for KSRTC.

10. The KMML is a Public Sector Undertaking. It has

been entrusting the conveyance work to private parties. The W.P.(C) Nos.27487/2021 & 6406/2022

KMML published a notice inviting tender on 22.09.2021 for

appointment of conveyance contractor for arranging transport

facilities to company employees from two sectors. While the

tender proceedings were on, the KSRTC, which is another

Public Sector Undertaking of the Government of Kerala,

offered their services. Taking into consideration the overall

interest of the KMML and the interest of KSRTC which is a

Public Sector Undertaking, the KMML decided to offer the

contract to the KSRTC. This Court do not find any illegality

or irregularity in the action of the KMML.

11. The petitioner is only a private bidder who has

responded to the Notice Inviting Tender published on

22.09.2021. The submission of tender by the petitioner in

response to tender notification will not give any right to the

petitioner to urge that the tenders floated should be

processed and finalised and that works should be awarded to

the lowest bidder only. It is perfectly within the powers of the

KMML to adopt contracts which is best suited to them. If the

KMML takes a decision which would be mutually beneficial to W.P.(C) Nos.27487/2021 & 6406/2022

the KMML and KSRTC, the said decision cannot be termed

as illegal.

In the circumstances, the writ petitions are without

merit and they are dismissed accordingly.

Sd/-

N. NAGARESH, JUDGE aks/12.04.2022 W.P.(C) Nos.27487/2021 & 6406/2022

APPENDIX OF WP(C) 27487/2021

PETITIONER EXHIBITS Exhibit P1 COPY OF THE TENDER DOCUMENTS. Exhibit P2 COPY OF THE BID ACKNOWLEDGEMENT. Exhibit P2(A) COPY OF THE BID SUBMISSION CONFIRMATION.

Exhibit P3 COPY OF THE BID LIST DETAILS PUBLISHED BY THE 2ND RESPONDENT.

Exhibit P4 COPY OF THE WORK ORDER ISSUED TO THE PETITIONER FOR THE YEAR 2015-16, 2017- 18 AND 2019-20.

Exhibit P5 COPY OF THE NOTICE AFFIXED IN THE NOTICE BOARD OF THE 2ND RESPONDENT.

Exhibit P6 COPY OF THE NEWS REPORT APPEARED ALAYAM DAILY Exhibit P6 A COPY OF THE NEWS REPORT APPEARED IN ALAYALAM DIALY Exhibit P7 COPY OF THE E-TEMDER NOTICE OF THE 3RD RESPONDENT P5 COPY OF E-MAIL RESPONDENT EXT R2(a) COPY OF LETTER DT 25.10.21 R2(b) COPY OF LETTER DT 10.11.21 R2(c) COPY OF WORK ORDER DT 23.11.21 W.P.(C) Nos.27487/2021 & 6406/2022

APPENDIX OF WP(C) 6406/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF THE TENDER NOTICE. Exhibit P2 COPY OF THE BID ACKNOWLEDGEMENT. Exhibit P2 A COPY OF THE BID SUBMISSION CONFIRMATION.

Exhibit P3 COPY OF THE BID LIST DETAILS PUBLISHED BY THE 2ND RESPONDENT.

Exhibit P4 COPY OF THE NOTICE AFFIXED IN THE NOTICE BOARD OF THE 2ND RESPONDENT.

Exhibit P5 COPY OF THE E MAIL ISSUED BY THE 2ND RESPONDENT.