Kerala High Court
Hussain Ahammed vs The Principal Secretary To ... on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 3553 OF 2022
PETITIONER:
HUSSAIN AHAMMED
AGED 48 YEARS
S/O ABDUL LATHEEF,
VALLIYIL HOUSE, KAYAMKULAM P.O.
ALAPPUZHA DISTRICT-690 502.
BY ADVS.
SRI S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENTS:
1 THE PRINCIPAL SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 003.
2 THE DIRECTOR OF URBAN AFFAIRS,
DIRECTORATE OF URBAN AFFAIRS,
1ST FLOOR, SWARAJ BHAVAN, NANTHANCODE P.O.
THIRUVANANTHAPURAM-695 003.
3 THE KAYAMKULAM MUNICIPALITY,
MUNICIPAL OFFICE, KAYAMKULAM, ALAPPUZHA-690 502,
REPRESENTED BY ITS SECRETARY
4 THE SECRETARY,
KAYAMKULAM MUNICIPALITY, MUNICIPAL OFFICE,
KAYAMKULAM, ALAPPUZHA DISTRICT-690 502.
5 THE ASSISTANT ENGINEER,
LOCAL SELF GOVERNMENT DEPARTMENT,
KAYAMKULAM MUNICIPALITY,
KAYAMKULAM P.O.ALAPPUZHA-690 502.
R1 & R2 BY SRI. RAJEEV JYOTHISH GEORGE, GOVT.PLEADER
R3 TO R5 BY SRI RAJAN T R
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3553 OF 2022
2
T.R.RAVI, J.
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WP(C) NO.3553 OF 2022
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Dated this the 24th .day of March, 2022
JUDGMENT
The writ petition has been filed challenging the decision of
respondents 3 to 5 to re-tender the tender Nos. 5, 7, 10, 11, 12
and 13 in Ext.P2 and for other consequential reliefs. The works
are the works included in the annual plan for 2021- 2022 and
are to be completed by 31.03.2022. Pending the writ petition,
this Court had after noticing the stand of respondents 3 to 5 to
conduct negotiations, directed the Standing Counsel to get
instructions as to whether a negotiation can be done including
all the participants in the tender. Pursuant to the said direction,
today when the case is taken up, the Standing Counsel has
placed before me a decision taken by the Municipality to
conduct negotiation including all the participants in the tender
and to accept the lowest tender.
In the light of the above decision, this writ petition is
disposed of directing respondents 3 to 5 to conduct a
negotiation with all participants for the tenders 5, 7, 10, 11, 12
WP(C) NO. 3553 OF 2022
and 13. The negotiation shall be conducted on 26.03.2022 at
11.a.m at the chamber of the Chairman of the Municipality. The
4th respondent shall intimate all the participants about the date
and time of the negotiation and ensure their participation so
that there is no complaint of want of notice. Further steps for
award of tender may be taken on the basis of the decision
arrived at the negotiation. It is open for respondents 3 to 5 to
approach the appropriate authority for extension of time of the
completion of the project, since the issue was pending
consideration before this Court from 28.01.2022.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 3553 OF 2022
APPENDIX OF WP(C) 3553/2022
PETITIONER' EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED NIL WITH
REGARD TO THE MANUAL TENDER
Exhibit P2 TRUE COPY OF THE TENDER NOTICE DATED
22.11.2021 ISSUED BY THE 5TH RESPONDENT
Exhibit P3 TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P3(A) TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P3(B) TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P3(C) TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P3(D) TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P3(E) TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P3(F) TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P3(G) TRUE COPY OF THE E-TENDERS SUBMITTED BY THE
PETITIONER
Exhibit P4 TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P4(A) TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P4(B) TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P4(C) TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P4(D) TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P4(E) TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P4(F) TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P4(G) TRUE COPIES OF THE TENDER DOCUMENTS OF THE
PETITIONER
Exhibit P5 TRUE COPY OF THE REQUEST DATED 9.12.2021
SUBMITTED BY PETITIONER BEFORE 5TH RESPONDENT
WP(C) NO. 3553 OF 2022
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 10.12.2021
SUBMITTED BY PETITIONER UNDER RIGHT TO
INFORMATION ACT BEFORE 4TH RESPONDENT
Exhibit P7 TRUE COPY OF THE APPLICATION DATED 10.12.2021
SUBMITTED BEFORE THE 5TH RESPONDENT
Exhibit P8 TRUE COPY OF THE FIR IN VC 1/20/ALP
Exhibit P9 TRUE COPY OF THE CIRCULAR NO 005/CRD/012/
(CIRCULAR NO 4/3/07) DATED 3.3.07 ISSUED BY
DEPUTY SECRETARY, CENTRAL VIGILANCE
COMMISSION
Exhibit P10 TRUE COPY OF THE CIRCULAR NO 1/1/10 DATED
20.10.2010 ISSUED BY CHIEF TECHNICAL
EXAMINER, CENTRAL VIGILANCE COMMISSION
RESPONDENT'S EXHIBITS
EXHIBIT R(4)(A) TRUE COPY OF THE DETAILS OF THE BIDS
SUBMITTED BY THE WRIT PETITIONER
EXHIBIT R(4)(B) TRUE COPY OF RESOLUTION NO.1 DT.8.12.2021 OF
THE MINICIPAL COUNCIL OF THE KAYAMKULAM
MUNICIPALITY
EXHIBIT R(4)(C) TRUE COPY OF RESOLUTION NO.9 DT.23.12.2021 OF
THE MUNICIPAL COUNCIL OF KAYAM MUNICIPALITY
HELD ON 8.12.2021.
EXHIBIT R(4)(D) TRUE COPY OF MINUTES OF THE MEETING OF THE
MINICIPAL COUNCIL OF KAYAMKULAM MUNICIPALITY
HELD ON 8.12.2021
EXHIBIT R(4)(E) TRUE COPY OF MINUTES OF THE MEETING OF THE
MUNICIPAL COUNCIL OF KAYAMKULAM MUNICIPALITY
HELD ON 23.12.2021
EXHIBIT R(4)(F) TRUE COPY FOD ETAILS PERTAINING TO RESPONSES
RECEIVED TO THE NEGOTIATION LETTERS
EXHIBIT R(4)(G) TRUE COPY OF FRONT COVER AND PAGE NO.22 OF
THE AUDIT REPORT 2017-18 OF THE KAYAMKULAM
MUNICIPALITY
