Vishnu Prasad vs State Of Kerala
2022 Latest Caselaw 6841 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
               THE HONOURABLE MR.JUSTICE V.G.ARUN
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944

                    WP(C) NO. 19187 OF 2022
PETITIONERS:
    1     VISHNU PRASAD,
          AGED 31 YEARS,S/O. K.N.PRASAD,
          PROPRIETOR, KNP TIMBERS, V/368A, KANTHALLOOR,
          MARAYOOR, PIN: 685620, IDUKKI DISTRICT.
          RESIDING AT KOLLAMMAVUKUDIYIL HOUSE, ADIMALY P.O.,
          PIN: 685561, IDUKKI DISTRICT.
    2     C.I. ABDUL SAMAD
          AGED 57 YEARS,S/O. LATE C.M. IBRAHIM MOULAVI,
          MANAGING PARTNER, HIGH RANGE WOOD INDUSTRIES,
          A.M. ROAD,CHERUKUNNAM, ASAMANNOOR P.O.,
          PIN: 683549, ERNAKULAM DISTRICT.
          RESIDING AT FATHIMA MANZIL, PALLARIMANGALAM P. 0.,
          KOTHAMANGALAM, PIN 686671. ERNAKULAM DIST.
    3     M.M. ABDUL KAREEM
          S/O. LATE MOIDU, AGED 66,
          PROPRIETOR,AMINA TIMBER INDUSTRIES,NELLIKUZHY P.O.,
          KOTHAMANGALAM,PIN 686691, ERNAKULAM DISTRICT,
          RESIDING AT MANIYATTUKUDY HOUSE, NELLIKUZHY P. 0.,
          KOTHAMANGALAM, PIN 686691, ERNAKULAM DISTRICT.
    4     M. E.ABBAS,
          AGED 58 YEARS,S/O. LATE EBRAHIM,
          PROPRIETOR, M. E. ASSOCIATES, YUVAKALA TARANG ROAD,
          ELAMAKKARA, KALOOR, KOCHI 28, ERNAKULAM DISTRICT.
          RESIDING AT MANIKKAL HOUSE, PAIMATTOM,
          PAREEKANNI P O, KOTHAMANGALAM, PIN : 686693.
    5     MYTHEEN ALIYAR,
          AGED 79 YEARS, PROPRIETOR,
          FATHIMA TIMBERS, OORKKADU, VATTAVADA,
          KOVILOOR P. O., MUNNAR, PIN 685615, IDUKKI DISTRICT.
          RESIDING AT SRAMBICKAL HOUSE, PALLARIMANGALAM P. O.,
          POTHANICAD, PIN 686671, ERNAKULAM DISTRICT.
    6     K.N. PRASAD,
          S/O LATE NARAYANAN, AGED 58,
          PROPRIETOR KNP TRADERS, VATTAVADA GRAMA PANCHAYATH,
          KOVILOOR P O, MUNNAR, PIN 685615, IDUKKI DISTRICT
          RESIDING AT KOLLAMMAVUKUDIYIL HOUSE, ADIMALY P O,
          PIN: 685561, IDUKKI DISTRICT.
 WP(C) No. 19187 OF 2022
                                      2

     7       T.M. EBRAHIM,
             S/O MYTHEEN, AGED 61,
             RESIDING AT THANIKUNNEL HOUSE, PULINTHANAM,
             POTHANICAD P.O. - PIN 686671, ERNAKULAM DISTRICT.
     8       NISSAR M A,
             S/O ALIYAR, AGED 56,
             RESIDING AT MUKKANNIYIL HOUSE, PULINTHANAM,
             POTHANICAD P. O., PIN 686671, ERNAKULAM DISTRICT.
     9       RAJAN N P,
             AGED 59 YEARS,S/O. PAPPA,
             RESIDING AT MONIPPILLIKUNNEL HOUSE,
             VISWADHEEPTHY NAGAR, ADIMALY P O,
             PIN: 685561, IDUKKI DISTRICT.
     10      LAKSHMANAN
             AGED 55 YEARS
             S/O.MEENAKSHI SUNDHARAM,12/5, CHILANDHIYAR,
             KOTTAKAMBOOR PO,MUNNAR, PIN 685615, IDUKKI DISTRICT.

             BY ADV. BABU PAUL


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY,
             FOREST & WILDLIFE DEPARTMENT,
             THIRUVANATHAPURAM, PIN 695014.

     2       THE KERALA FOREST DEVELOPMENT CORPORATION LTD,
             REGISTERED OFFICE, "AARANNYAKOM"
             KARAPPUZHA, KOTTAYAM PIN 686003,
             REPRESENTED BY ITS MANAGING DIRECTOR.

             T.P.SAJAN, SPL.GP.(FORESTS)


      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    14.06.2022,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No. 19187 OF 2022
                                     3

                         V. G. ARUN, J.
            ===========================
                  WP(C) No. 19187 OF 2022
            ============================
             Dated this the 14th day of June, 2022

                               JUDGMENT

The petitioners are timber/wood merchants, they have been

participating in the auction on timber/wood conducted by the 2nd

respondent for the past many years and are aggrieved by certain

stringent and unreasonable conditions incorporated in the tender

documents recently. The petitioners have highlighted their grievance

through Ext.P3 and seek expeditious consideration of the

representation.

2. Having heard learned counsel for the petitioner and the learned

Government Pleader, I am of the opinion that the apprehension

expressed by the petitioners require immediate consideration.

The writ petition is hence disposed of directing the 2 nd respondent

to take up Ext.P3 representation and pass orders thereon expeditiously

and at any rate, within one month from receipt of a copy of this

judgment. Before passing the order, an opportunity of hearing shall be

afforded to petitioners 1 and 2 as representatives of all the petitioners.

Sd/-

V.G.ARUN JUDGE nk WP(C) No. 19187 OF 2022

APPENDIX OF WP(C) 19187/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TENDER CONDITIONS OF 2ND RESPONDENT FOR ALL ITS TENDERS.

Exhibit P2 TRUE COPY OF THE TENDER NOTIFICATION DT.6/6/22 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DT. 27/5/22 SUBMITTED BY THE PETITIONERS.