Ma Sainullabdin vs The Director
2023 Latest Caselaw 6546 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 19110 OF 2023
PETITIONER:

          M.A. SAINULLABDIN
          AGED 58 YEARS,
          S/O. M C ABDHUL RAHMAN , PROPRIETOR, MC PRINTERS, DOING
          BUSINESS AT MC BUILDING, THANCHANADI, PUTHUKODE (P.O),
          ALATHUR, PALAKKAD DISTRICT, PIN - 678687
          BY ADVS.
          R.O.MUHAMED SHEMEEM
          NASEEHA BEEGUM P.S.


RESPONDENTS:

    1     THE DIRECTOR,
          DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA,
          THIRUVANATHAPURAM, PIN - 695012
    2     THE PRINCIPAL SECRETARY
          FINANCE AND STORE PURCHASE DEPARTMENT, ROOM NO:389 1ST
          FLOOR MAIN BLOCK, GOVT: SECRETARIAT THIRUVANANTHAPURAM,
          PIN - 695001
    3     THE DISTRICT CHILD DEVELOPMENT OFFICER,
          DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE, 8- BLOCK,
          2ND FLOOR, CIVIL STATION, KOZHIKODE, PIN - 673620
    4     THE DISTRICT CHILD DEVELOPMENT OFFICER
          DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE, CIVIL
          STATION, MALAPPURAM, PIN - 676505
    5     THE DISTRICT CHILD DEVELOPMENT OFFICER
          DISTRICT WOMEN AND CHILD DEVELOPMENT
          OFFICE,COLLECTORATE, 1ST FLCOR, CIVIL STATION,
          PALAKKAD, PIN - 678001
    6     THE DISTRICT CHILD DEVELOPMENT OFFICER
          DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE, 2ND FLOOR,
          CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
    7     STATE OF KERALA
 WP(C) NO. 19110 OF 2023


                           2


          REPRESENTED BY PRINCIPLE SECRETARY, WOMEN AND
          CHILDREN DEPARTMENT, GOVT. SECRETARIAT,
          MAHATMA GANDHI ROAD, NEAR CENTRAL STADIUM
          JUNCTION, STATUE, PALAYAM,
          THIRUVANANTHAPURAM, KERALA, PIN - 695001


          SRI.B.S.SYAMANTAK, GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 19110 OF 2023


                                       3




                P.V.KUNHIKRISHNAN, J.
               ------------------------------
               W.P.(C)No. 19110 of 2023
       ----------------------------------------------
        Dated this the 13th day of June, 2023


                              JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) To Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the 1 st respondents to direct the District Child Development Officers of all Districts to properly and strictly implement Ext-P3 while considering and take further course of tender proceeding as per Ext -P2.

(ii) To Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the 1st respondents to direct the District Child Development Officers of all Districts including respondents no's 3 to 6 to accept, consider and take further course of tender proceeding in strict compliance with Ext-P3 without demanding the Tender Fee, Earnest Money, Deposit, and performance Security from the petitioner in view of Udyog Aadhar Registration as per Ext-P1.

WP(C) NO. 19110 OF 2023

(iii) To pass such other orders or directions that are deemed just and proper by this Hon'ble Court.

(iv) To dispense with the filing of translation of vernacular documents."[SIC]

2. Petitioner is the proprietor of M C printers,

which according to the petitioner is a micro enterprise

registered under MSMED Act, 2006 having Udyog

Aadhar registration as evident by Ext-P1. As per

Exts.P3 to P5, it is submitted that, all MSME's having

Udyog Aadhar registration are exempted from payment

of Tender Fee, Ernest Money Deposit and Performance

Security during the tender process. The 1 st respondent

invited public tender to distribute Pre-Education School

kits for the Anganavady kids. Ext.P2 is the order

passed by the 1st respondent. Ext.P8 is the tender

notice. The petitioner wants to submit his tender

based on Ext.P2 order. The apprehension of the

petitioner is that, even though Exts.P3 to P5 are there, WP(C) NO. 19110 OF 2023

the respondents may insist for payment of Tender fee,

Ernest Money Deposit and Performance Security.

Hence this writ petition is filed.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader.

4. In the light of Exts.P3 to P5, if the petitioner

comply with the formalities of MSMED Act, 2006, the

respondents are bound by the same. While accepting

the tender, the respondents will strictly follow Exts.P3

to P5. If the petitioner is eligible for exemption as per

Exts.P3 to P5, respondents will give exemption to the

petitioner.

With the above observation, this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 19110 OF 2023

APPENDIX OF WP(C) 19110/2023

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE, BEARING UDYAM REGISTRATION NUMBER UDYAM-KL- 10-0016437, DATED 27.06.2022 EXHIBIT P2 A TRUE COPY OF THE ORDER BEARING NUMBER DWCD/1976/2022-LCDSA1 , DATED 18.05.2023, ISSUED BY THE LST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE G.O. (P) NO.

3/2021/SPD, DATED 22.03.2021, OF GOVERNMENT OF KERALA.

EXHIBIT P4 A TRUE COPY OF THE G.O. (P) NO.

2/2019 /SPD, DATED 24.01.2019, ISSUED BY PRINCIPLE SECRETARY, STORE PURCHASE DEPARTMENT EXHIBIT P5 A TRUE COPY OF OFFICIAL MEMORANDUM DATED 02.07.2021 ISSUED BY THE MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES, GOVERNMENT OF INDIA. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 05.04.2023 IN WP © 3928 OF 2023. EXHIBIT P7 A TRUE COPY THE ORDER NO. 649/22, DATED 11.05.2023 ISSUED BY THE CHILD DEVELOPMENT PROJECT OFFICER, MALAPPURAM.

EXHIBIT P8 A TRUE COPY OF THE TENDER NOTICE DATED 30.05.2023 ISSUED BY THE CHILD DEVELOPMENT OFFICER, NENMARA

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE