Xxxxxx vs Child Development Project ...
2022 Latest Caselaw 655 Ker

WP(C) 1234/2022                         1



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                            WP(C) NO. 1234 OF 2022
PETITIONER/S:

                  OLYMPIA INTERIOR ENTERPRISES, OLYMPIA BUILDING,
                  15/31C SIDCO INDUSTRIAL PARK THIRUVARP P.O.,
                  KOTTAYAM 686 020 REPRESENTED BY ITS MANAGING
                  PARTNER, ABEY THOMAS, S/O P.T.THOMAS

                  BY ADVS.
                  S.SUDHISH KUMAR
                  P KURUVILLA JACOB



RESPONDENT/S:

      1           CHILD DEVELOPMENT PROJECT OFFICER
                  I.C.D.S.URBAN 1,2,3,4,PROJECT NO.143,0032-
                  22,142,135,C.D.P.O,CORPORATION OF KOZHIKODE,C-OCHILD
                  DEVELOPMENT PROJECT OFFICER,ICDS YRBAN-III KOZHIKODE
                  VENGALI., PIN - 673021

      2           MUNICIPAL CORPORATION KOZHIKKODE
                  REPRESENTED BY ITS SECRETARY
                  MUNCIPAL OFFICE
                  KOZHIKKODE, PIN - 673021

      3           REGIONAL JOINT DIRECTOR
                  DIRECTOR OF URBAN AFFAIRS
                  STATE OF KERALA
                  SECRETARIATE
                  TRIVANDRUM, PIN - 695003

OTHER PRESENT:

                  SRI.SHAMEER.P.M, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) 1234/2022                     2




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No. 1234 of 2022
                     --------------------------------------
               Dated this the 14th day of January, 2022


                               JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ of certiorari, or any other appropriate writ, order or direction or order calling for the records leading to Exts.P5 in respect of the petitioner and set aside the rejection.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider the petitioner's tender along with other selected tenders and to give opportunity for the petitioner to participate in the bid.

iii. Declare that the petitioner is entitled to be considered along with other bidders in the auction proceedings as stated above.

iv. Issue any other writ, order or direction as this Honourably Court may deem fit and proper in the circumstances of this case."

2. The petitioner is an SSI unit having registration

under Udyog Adhar as per Ext.P1. It is the case of the

petitioner that as per Ext.P2 Manual, the SSI units are eligible

for getting fee exemption and EMD exemption in Government

tenders. The respondents called for tenders for supply of "Hard

Wood Cot" as per Ext.P3. The petitioner submitted tender as

evident by Ext.P4. But by Ext.P5, it was rejected stating that

"fee exemption certificate dated expired". Aggrieved by the

same, this writ petition is filed.

3. Heard the learned counsel for the petitioner, the

learned Standing Counsel appearing for the 2nd respondent and

the learned Government Pleader.

4. The learned counsel for the petitioner submitted that

the petitioner narrated his grievance in Ext.P7 representation

and he can convince the authority concerned that the rejection

of the tender is unsustainable. I also heard the learned

Government Pleader and the Standing Counsel.

5. After considering the facts and circumstances of this

case, I think there can be a direction to 1 st respondent to

consider Ext.P7 and finalisation of the tender proceedings can

be kept in abeyance till orders are passed in Ext.P7.

Therefore, this writ petition is disposed in the following

manner :

1) The 1st respondent is directed to consider Ext.P7 and pass

appropriate orders in it, after giving an opportunity of

hearing to the petitioner, as expeditiously as possible, at

any rate, within one month from the date of receipt of a

copy of this judgment.

2) Before passing final orders in Ext.P7, the tender

proceedings shall not be finalised.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 1234/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE UDYOG AADHAAR MEMORANDUM OF REGISTRATION DATED 19-1-2018

Exhibit P2 TRUE COPY OF G.O(P) NO.3/2021/SPD DATED 22.03.2021 ISSUED BY STORES PURCHASE (A) DEPARTMENT UNDER THE KERALA GOVERNMENT

Exhibit P3 TRUE COPY OF THE TENDER NOTICE BEARING NO.

ICDS/U3/486/21 DATED 17.12.2021 ALONG WITH THE SPECIFICATION ATTACHED TO THE TENDER

Exhibit P4 TRUE COPY OF THE BID ACKNOWLEDGEMENT DATED 9.1.2022 WHICH SHOWS THAT THE BID SUBMITTED AS 31.12.2021 AT 11.35AM

Exhibit P5 TRUE COPY OF THE TENDER SUMMARY REPORT DATED 9.1.2022 SHOWING THE BIDDERS LIST AND STATUS

Exhibit P6 TRUE COPY OF THE CERTIFICATE UNDER UDYAM REGISTRATION CERTIFICATE DATED 07.01.2022

Exhibit P7 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 9.01.2022

Exhibit P8 TRUE COPY OF THE POSTAL REGISTRATION SLIP SHOWING THE REGISTRATION OF EXHIBIT P7 DATED 10.01.2022