Habeebulla vs State Of Kerala
2022 Latest Caselaw 2039 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943
                    WP(C) NO. 27566 OF 2021
PETITIONER:

         HABEEBULLA
         AGED 66 YEARS
         S/O. SAYURAWTHER RESIDING @ VAYALIL VEEDU,
         NELLIPALLY P.O., PUNALUR-691 331.

         BY ADV R.KISHORE (KALLUMTHAZHAM)


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY,
         DEPARTMENT OF LOCAL SELF GOVERNMENT,
         SECRETARIAT, TRIVANDRUM-695 001.
    2    SECRETARY
         PUNALUR MUNICIPALITY, PUNALUR-691 305.
    3    CHIEF ENGINEER
         LOCAL SELF GOVERNMENT, REVENUE COMPLEX,
         3RD FLOOR, PUBLIC OFFICE BUILDING,
         THIRUVANANTHAPURAM-33.
    4    ASSISTANT ENGINEER
         PUNALUR MUNICIPALITY, PUNALUR-691 305.

         BY ADV SHRI.MANOJ RAMASWAMY, SC, PUNALUR
         MUNICIPALITY

         BY SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 23.02.2022,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.27566/2021
                                       :2:




                           N. NAGARESH, J.

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                      W.P.(C) No.27566 of 2021

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             Dated this the 23rd day of February, 2022

                            JUDGMENT

~~~~~~~~~

The petitioner, a senior contractor of Punalur

Municipality, is aggrieved by the finalisation of agreements

for project works by the Punalur Municipal authorities.

2. The petitioner states that as per Ext.P1 quotation

notice dated 10.11.2021, the functionaries of the Municipality

called for open quotation with respect to 8 works. They were

for a value of more than ₹5 lakhs and inviting open

quotations for the said work is illegal and against the Rules

contained in the Kerala Municipality (Execution of Public

Works and Purchase of Materials) Rules, 1997.

3. As per Rule 8(1), any work other than that of a

work which does not exceed ₹5,000/- and for public works of W.P.(C) No.27566/2021

emergent nature to be executed under sub-section 15,

tendering is not compulsory and such works may be

executed through short notice quotation or by the

Municipality directly.

4. The petitioner states that the quotations under

Ext.P1 will not come under the categories mentioned in Rule

8(1). According to the petitioner, as per the Division Bench

judgement of this Court, all works having estimate amount

more than ₹5 lakhs shall be allotted by way of e-tender.

Ext.P1 is therefore illegal and is liable to be set aside,

contended the petitioner

5. The 2nd respondent-Secretary, Punalur

Municipality contested the writ petition filing a statement. The

2nd respondent stated that e-tenders were invited for 27

public works and two flood related works by Punalur

Municipality on 24.06.2021. The above projects were

approved by the District Planning Committee and is included

in 2021-'22 Annual Project Plan for Punalur Municipality. The

bids were opened on 06.07.2021. With respect to the 10 W.P.(C) No.27566/2021

works notified as above, there were no bids and accordingly

as per decision No.37 dt 23.07.2021, the Punalur Municipal

Council decided to re-tender the said 10 works. As per the

Council decision, the aforementioned 10 works were re-

tendered on 15.09.2021.

6. However, out of the 10 works, for three works

there were no bidders. With regard to seven remaining

works, only single tenders were received. As the tenders for

the above work were invited twice earlier and the same was

unsuccessful, following the procedures in the PWD Manual,

the Council as per its decision No.3 dated 12.10.2021

decided to invite sealed quotations on competitive rates.

Accordingly, Ext.P1 quotation notice was issued on

10.11.2021. The quotations were opened on 19.11.2021 and

the same was placed before the Municipal Council on

24.11.2021. The lowest quotations were approved by the

Council as per Resolution No.19 dated 24.11.2021.

Pursuant to the same, selection ntoices were issued to the

respective persons on 01.12.2021 who have quoted lowest W.P.(C) No.27566/2021

rates and agreements were executed with them by the

Municipality.

7. Heard the learned counsel for the petitioner, the

learned Government Pleader for respondents 1, 3 and 4 and

the Standing Counsel for the 2nd respondent.

8. By Ext.P1 Quotation notice dated 10.11.2021, the

Punalur Municipality invited competitive quotations from

Government approved Contractors for 10 project works.

Ext.P1 stipulated that the Rules of the Government and PWD

will apply to the Quotations. The estimate value of works vary

from ₹2,41,874/- to ₹11,15,814/-. The contention of the

petitioner is that invitation of Open Quotations violates the

provisions contained in the Kerala Municipality (Execution of

Public Works and Purchase of Materials) Rules, 1997. The

argument is that under Rule 9, tender notice shall be

published in the manner prescribed under Rule 9 and Rules

9 and 10 of the Rules are violated by the Municipality, urges

the petitioner.

W.P.(C) No.27566/2021

9. From the Statement filed by the 2 nd respondent, it

is evident that the Municipality had e-tendered 27 public

works and two flood related works on 24.06.2021. There

were no bids for the 10 works in question. Therefore, the

Punalur Municipal Council decided on 23.07.2021 to

retender the said 10 works. The works were again tendered

on 15.09.2021. For three among the 10 works, there were no

bidders at all and for the remaining seven works, only Single

Tenders were received.

10. Therefore, the Municipal Council on 12.10.2021

decided to invite sealed quotations and consequently Ext.P1

was notified. The said Quotations were opened and placed

before the Council on 24.11.2021. The Council approved the

lowest quotations and selection notices were issued. The

Annual Plan Projects were to be completed by 31.03.2022,

failing which it would result in lapse of funds.

11. In the circumstances of the case, this Court finds

no illegality in the action of the Municipality in resorting to

sealed quotations, which was preceded by repeated W.P.(C) No.27566/2021

invitations of e-tender and was after its failure.

The writ petition is therefore without any force or

merit and it is consequently dismissed.

Sd/-

N. NAGARESH, JUDGE aks/21.02.2022 W.P.(C) No.27566/2021

APPENDIX OF WP(C) 27566/2021

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE QUOTATION NOTICE NUMBERED AS E1-4915/09 VOLUME-3 DATED 10.11.2021.

Exhibit P2 THE TRUE COPY OF THE REPORTED JUDGMENT OF THE DIVISION BENCH OF THIS HON'BLE COURT IN WA.2551/2021 DATED 23RD DECEMBER 2015.