Kerala High Court
Charles Tom Parecattil vs Ministry Of Micro, Small And ... on 4 April, 2023
W.P.(C). Nos.4983 & 5137 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
WP(C) NO. 4983 OF 2023
PETITIONER:
M.T. MOHAMMED KUNHI
AGED 65 YEARS
S/O. M.T. ABDUL RAHIMAN, CONTRACTOR, ARAFATH MANZIL,
THEKKIL FERRY P.O., CHENGALA, KASARAGOD DISTRICT.,
PIN - 671541
BY ADV BABU JOSEPH KURUVATHAZHA
RESPONDENTS:
1 MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES,
GOVERNMENT OF INDIA, NIRMAN BHAVAN, 7TH FLOOR, MOULANA
AZAD ROAD, NEW DELHI, REPRESENTED BY ITS ADDITIONAL
DEVELOPMENT COMMISSIONER., PIN - 110108
2 NATIONAL SMALL INDUSTRIES CORPORATION LTD
S-67 GCDA COMMERCIAL COMPLEX, MARINE DRIVE,
SHANGUMUGHAM ROAD, KOCHI, REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 682031
3 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
4 SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE, PWD
COMPLEX, MANANCHIRA, KOZHIKODE., PIN - 673001
BY R1 & R2 BY ADV K.S.PRENJITH KUMAR, CGC
R3 & R4 BY SRI.K.V.MANOJ KUMAR, SPECIAL GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2023, ALONG WITH WP(C).5137/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C). Nos.4983 & 5137 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
WP(C) NO. 5137 OF 2023
PETITIONER:
CHARLES TOM PARECATTIL
AGED 37 YEARS
S/O. TOMY PARECATTIL, CONTRACTOR, PARECATTIL HOUSE,
PEECHANIKKAD, PULIYANAM P.O., ANGAMALY, ERNAKULAM
DISTRICT., PIN - 683572
BY ADV BABU JOSEPH KURUVATHAZHA
RESPONDENTS:
1 MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES
GOVERNMENT OF INDIA, NIRMAN BHAVAN, 7TH FLOOR, MOULANA
AZAD ROAD, NEW DELHI, REPRESENTED BY ITS ADDITIONAL
DEVELOPMENT COMMISSIONER., PIN - 110108
2 NATIONAL SMALL INDUSTRIES CORPORATION LTD.
S-67 GCDA COMMERCIAL COMPLEX, MARINE DRIVE,
SHANGUMUGHAM ROAD, KOCHI, REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 682031
3 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
4 EXECUTIVE ENGINEER
MINOR IRIGATION DIVISION, CHENGANNUR, ALAPPUZHA
DISTRICT., PIN - 689121
R1 & R2 BY SRI.A.K.HARIDAS, CGC
R3 & R4 BY SRI.K.V.MANOJ KUMAR, SPECIAL GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2023, ALONG WITH WP(C).4983/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C). Nos.4983 & 5137 of 2023 3
JUDGMENT
Dated this the 4th day of April, 2023
Petitioners are contractors awarded with two works by the Public Works
Department of the State Government and the Minor Irrigation Department of the
State Government. According to the petitioners, they are Micro, Small and Medium
Enterprises, entitled to get the benefits of the orders issued by the Government of
India and the State Government and thus, they are exempted from providing
retention and other securities while executing agreement with the departments of
the State Government.
2. The issue with respect to the entitlement of Micro, Small and Medium
enterprises in a civil contract was considered by this Court in batch of writ petitions
and has rendered a judgment in W.P.© No.14051 of 2022 & connected cases dated
21.3.2023 and held that the notification issued by the Government of India as well
as the State Government is only in the matter of procurement of goods and
services by the State Government or the Central Government or its
instrumentalities and it would not apply in a civil contract even though various
other component factors are employed in the work.
3. In that view of the matter, I do not think, the petitioners are entitled to get
the reliefs sought for exemption of retention and other securities. Today, learned
counsel appearing for petitioners submitted that the petitioners may be granted a
two weeks time to execute the agreement and furnish additional performance
guarantee and other securities in accordance with the notice inviting tender and
other tender documents.
4. Therefore, after having heard learned counsel for petitioners - Sri.Babu
Joseph Kuruvathazha, learned Special Government Pleader Sri.K.V.Manoj Kumar,
and learned CGC - Sri.Prenjithkumar.K.S., the writ petition is disposed of, directing
the petitioners to execute the agreement with the respondent concerned, within
two weeks from the date of receipt of a copy of this judgment, after furnishing all
the requirements as per the notice inviting tender and other tender documents
including the letter of acceptance issued to the petitioner by the tender inviting
authority.
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 4983/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE OF THE PETITIONER BEARING
NO.UDYAM-KL-05-0000043 DATED 11.7.2020.
Exhibit P2 TRUE COPY OF THE PROCEEDING DATED 14.10.2011
OF THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF G.O.(P) NO.1/2021/FIN DATED
3.1.2021 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P4 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
DATED 2.3.2021 IN W.P.(C) NO.5440/2021.
Exhibit P5 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED
4.2.2023 ISSUED BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
6.2.2023 SUBMITTED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
DATED 6.1.2023 IN W.P.(C) NO.478/2023.
Exhibit P8 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
DATED 8.2.2023 IN W.P.(C) NO.4026/2023.
RESPONDENT EXHIBITS
Exhibit R1(a) true copy of the "Public Procurement Policy
for Micro and Small Enterprises (MSEs) Order
2012" vide Gazette Notification No. S.O.
581(E) dated 23.3.2012
Exhibit R1(b) True copy of the O.M. 1(3)/2018-MA, part-III
dated 25th March 2022
APPENDIX OF WP(C) 5137/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE OF THE PETITIONER BEARING
NO.UDYAM-KL-02-0042963 DATED 3.9.2022.
Exhibit P2 TRUE COPY OF THE PROCEEDING DATED 14.10.2011
OF THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF G.O.(P) NO.1/2021/FIN DATED
3.1.2021 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P4 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
DATED 2.3.2021 IN W.P.(C) NO.5440/2021.
Exhibit P5 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED
8.2.2023 ISSUED BY THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
9.2.2023 SUBMITTED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
DATED 6.1.2023 IN W.P.(C) NO.478/2023.
Exhibit P8 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT
DATED 8.2.2023 IN W.P.(C) NO.4026/2023.
