Hassan Traders vs The Chairman And Managing ...
2022 Latest Caselaw 8530 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                     WP(C) NO. 19306 OF 2022
PETITIONER/S:

             HASSAN TRADERS
             MYTHRI NAGAR, MUDIKKAL P.O., PERUMBAVOOR,
             ERNAKULAM, REPRESENTED BY ITS PROPRIETOR, M.
             HASSAN, PIN - 683547
             BY ADV RAFEEK. V.K.

RESPONDENT/S:

     1       THE CHAIRMAN AND MANAGING DIRECTOR, KERALA
             STATE ELECTRICITY BOARD - KSEB
             VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.,
             PIN - 695004
     2       KERALA STATE ELECTRICITY BOARD - KSEB
             REPRESENTED BY DEPUTY CHIEF ENGINEER,
             TRANSMISSION CIRCLE, KOZHIKODE, PIN - 673021
     3       KERALA STATE ELECTRICITY BOARD LTD.
             REPRESENTED BY DEPUTY CHIEF ENGINEER,
             GENERATION CIRCLE, THRISSUR, PIN - 680022
     4       KERALA STATE ELECTRICITY BOARD LTD.
             REPRESENTED BY DEPUTY CHIEF ENGINEER,
             TRANSMISSION CIRCLE, POWER HOUSE BUILDING,
             THIRUVANANTHAPURAM, PIN - 695004
OTHER PRESENT:

             SC FOR KSEB B.PREMOD


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.07.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No. 19306 of 2022

                                    -2-



                              JUDGMENT

Dated this the 06th day of July, 2022

The petitioner had responded to tenders

invited by the respondents for disposal of old

and unserviceable items at various sub-stations.

While the tender was being processed, the

petitioner was called upon to produce No

Objection Certificate from the Pollution Control

Board. Although petitioner challenged that

condition before this Court, he was not

successful and therefore, his tender was

rejected. Petitioner claims that, while

submitting the bid, he had deposited an amount

of Rs.10,90,000/-, which is yet to be refunded.

Hence, the writ petition.

2. Learned Standing Counsel for the KSEB

submitted on instructions that the amount

deposited by the petitioner will be refunded and

the delay was due to certain procedural W.P.(C) No. 19306 of 2022

formalities. It is submitted that the amount

claimed by the petitioner may not be correct and

the Board will refund only the amount deposited

by the petitioner.

The writ petition is accordingly disposed of,

directing the respondents to refund the deposit

made by the petitioner in terms of Exts.P1 to P3,

within one month of receipt of a copy of this

judgment.

V.G.ARUN JUDGE

Scl/06.07.22 W.P.(C) No. 19306 of 2022

APPENDIX OF WP(C) 19306/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TENDER NOTICE NO.

DCE/TC/07/21-22 DATED 22.06.2021 PUBLISHED BY THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE TENDER NOTICE NO.

01/2021-22/DYCE/GEN/TSR DATED 21.06.2021 PUBLISHED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE TENDER NOTICE NO.TCT/DBC/SCRAP/06/2021-22 DATED 28.07.2021 PUBLISHED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 02.06.2022 ISSUED BY THE 3RD RESPONDENT.