Jisha U vs Mepayyur Grama Panchayath
2023 Latest Caselaw 7828 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                        WP(C) NO. 16309 OF 2023
PETITIONER:

          JISHA U
          AGED 47 YEARS
          D/O BHASKARAN NAIR, PWD CONTRACTOR, KARTHIKA,
          PALAPARAMBATH (H), CHAKKITAPARA PERAMBRA, CALICUT,
          PIN - 673526

          BY ADV P.PAULOCHAN ANTONY



RESPONDENTS:

    1     MEPAYYUR GRAMA PANCHAYATH
          MEPPAYUR, KOZHIKODE PIN 673524, REPRESENTED BY ITS
          SECRETARY

    2     THE ASSISTANT ENGINEER LID & EW
          MEPPAYUR GRAMA PANCHAYATH KOZHIKODE, PIN - 673524

          BY ADVS.
          K.ABOOBACKER SIDHEEQUE
          VISHNU NARAYANAN(K/000855/2018)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16309 OF 2023               2




                    P.V.KUNHIKRISHNAN, J
              -------------------------------
                  W.P.(C)No.16309 of 2023
             --------------------------------
            Dated this the 26th day of July ,2023

                               JUDGMENT

Above writ petition is filed seeking the following prayers:

"1. To issue a writ of mandamus or any other appropriate writ directing the Respondents to permit the Petitioner to complete the Exhibit-P3 Agreement and claim her consideration.

2. To Issue a writ of certiorari or any other appropriate writ quashing Exhibit-P7 and P8 notices.

3. To Issue a writ of certiorari or any other appropriate writ quashing Exhibit-P10 tender.

4. To dispense with the production of English translation of the documents in vernacular languages for the time being."

2. The petitioner is a C class Government contractor. The 1 st

respondent issued a tender for the work pertaining to laying of pipeline

and other construction work with respect to Muvallakkandy DWSS High

School Bhagam. It is the case of the petitioner that she had completed

80% of the work in the month of April, 2022 and was waiting for the

approval of the Irrigation Department, which was delayed. Now the

petitioner is challenging Ext.P10 re tender proceedings and Exts.P6, P7

and P8 proceedings by which the agreement with the petitioner is

cancelled.

3. Heard the learned counsel for the petitioner and the learned

Standing Counsel for the respondents.

4. When this writ petition came up for consideration, this Court

passed an order on 22.05.2023, which is extracted herein:

" Admit.

Issue notice by special messenger to respondents. Further proceedings based on Ext.P10 shall be kept in abeyance for a period of ten days.

Post on 29.05.2023."

5. The stay of the re-tender proceedings is in force, even now. The

learned counsel for the petitioner submits that the petitioner is ready

to do the balance work on or before 20.08.2023.

6. The learned Standing Counsel appearing for the Panchayath

submits that if the petitioner is ready to complete the work before

20.08.2023, the Panchayath will not proceed with the re tender. If that

is the case, this writ petition can be disposed of with the following

directions:

Exts.P6, P7 and P8 are set aside. The petitioner is directed to

complete the work in question on or before 20.08.2023. If the work is

not completed on or before 20.08.2023, the respondents are free to

proceed in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE SVP

APPENDIX OF WP(C) 16309/2023

PETITIONER EXHIBITS

Exhibit-P1 COPY OF THE TENDER SUMMARY REPORT DATED 19-5-2023

Exhibit-P2 COPY OF LETTER BEARING NUMBER AE/MPR/19 DATED 22-1-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit-P3 COPY OF THE AGREEMENT NO 18/21-22 DATED 1/2/2022 BETWEEN THE PETITONER AND THE 2ND RESPONDENT

Exhibit-P4 COPY OF THE LETTER DATED 14-6-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit-P5 COPY OF THE E MAIL COMMUNICATION DATED 10-

1-2023 WITH THE PETITIONER AND THE 2ND RESPONDENT

Exhibit-P6 COPY OF THE E MAIL COMMUNICATION DATED 13-

3-2023 WITH THE PETITIONER AND THE 2ND RESPONDENT

Exhibit-P7 COPY OF THE NOTICE BEARING NUMBER AE/MPR/2022-23/03 NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit-P8 COPY OF THE NOTICE BEARING NUMBER AE/MPR/2023-24/NOTICE-1 DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit-P9 COPY OF THE REPLY PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT AGAINST EXHIBIT-P7 AND P8

Exhibit-P10 COPY OF THE TENDER BEARING REFERENCE NUMBER AE/MPR/2023 DATED 21-5-2023