Shiju Thomas vs The Mission Director
2023 Latest Caselaw 2784 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                          WP(C) NO.6201 OF 2023
PETITIONER :-

             SHIJU THOMAS, AGED 43 YEARS
             S/O.THOMAS, PALLIVATHUKKAL HOUSE,
             CHILAVU P.O., THODUPUZHA, PIN - 685 588.

             BY ADV GEORGEKUTTY MATHEW


RESPONDENTS :-

      1      THE MISSION DIRECTOR,
             MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
             PROJECT (KERALA), KERALA STATE MISSION OFFICER,
             3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE COMPOUND,
             THIRUVANANTHAPURAM, PIN - 695 033

      2      THE KANJIKUZHY GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY
             KANJIKUZHY P.O, IDUKKI, PIN - 685 606

            SRI.SARATHKUMAR.T.S-SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.03.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.6201 OF 2023

                                   -: 2 :-


                               JUDGMENT

Dated this the 1st day of March, 2023

This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of mandamus directing the 2nd respondent not to reject Ext.P2 lowest tender quotation submitted by the petitioner for the reason that Ext.P4 GST registration Certificate and Ext.P5 PWD contractor registration certificate could not be uploaded in online along with Ext.P2 due to technical error in the website of the Panchayat but submitted physically, in the interest of justice.

(ii) Declare that the physical submission of Ext.P4 and Ext.P5 by the petitioner due to the error in the website of the respondent is proper, correct and sufficient for awarding Ext.P1 work to the Ext.P2 lowest tender quoted by the petitioner, in the interest of justice."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent

Panchayat.

3. It is submitted by the learned counsel for the

petitioner that the 2nd respondent had invited Ext.P1 tender for

the supply of construction materials for a work undertaken for

the 1st respondent. It is submitted that the petitioner had

uploaded his tender within the permitted time by Ext.P2. WP(C) NO.6201 OF 2023

However, Ext.P4 GST Registration Certificate and Ext.P5 PWD

Registration Certificate could not be uploaded due to a server

problem and the same was submitted physically within the

time provided before the Panchayat. It is submitted that the

petitioner had also preferred Ext.P8 informing the 2 nd

respondent of the server error and seeking to accept Exts.P4

and P5. The learned counsel for the petitioner submits that

copies of Exts.P4 and P5 was manually made available by the

petitioner before the last date for submitting the application by

post. It is submitted that the petitioner apprehends that his

tender will not be considered by the Panchayat though Ext.P10

tender summary would show that his tender is the lowest

tender.

4. Having heard the learned Standing Counsel

appearing for the 2nd respondent also, I am of the opinion that

the request made by the petitioner is liable to be considered.

There will, accordingly, be a direction to the

Secretary to take up Ext.P8 request made by the petitioner and

to consider and pass orders on the same, specifically taking

note of the fact that the tender is duly submitted by the WP(C) NO.6201 OF 2023

petitioner and that copies of Exts.P4 and P5 are also made

available before the last date for submission. Appropriate

orders shall be passed within a period of two weeks from the

date of receipt of a copy of this judgment, after putting the

petitioner on notice and after hearing him.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/2.3.2023 WP(C) NO.6201 OF 2023

APPENDIX OF WP(C) 6201/2023

PETITIONER EXHIBITS

ExhibitP1 TRUE COY OF THE NOTIFICATION DATED 23-12-2022 INVITING TENDER ISSUED BY THE 2ND RESPONDENT

ExhibitP2 TRUE COPY OF THE PRINT OUT OF THE TENDER QUOTATION DATED 12-01-2023 SUBMITTED BY THE PETITIONER IN ONLINE

ExhibitP3 TRUE COPY OF THE PRINT OUT OF THE RECEIPT ACKNOWLEDGING THE SUBMISSION OF EXT.P2 ON 12-01-

ExhibitP4 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER DATED 17-07-2018

ExhibitP5 TRUE COPY OF THE PUBLIC WORKS DEPARTMENT (PWD) REGISTRATION CERTIFICATE OF THE PETITIONER DATED 02-12-2019

ExhibitP6 TRUE COPY OF THE PRINT OUT OF THE COMPLAINT DATED 12-01-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

ExhibitP7 TRUE COPY OF THE RECEIPT DATED 13-01-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

ExhibitP8 TRUE COPY OF THE PETITION DATED 13-01-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

ExhibitP9 TRUE COPY OF THE EXT.P6 WITH ACKNOWLEDGEMENT OF RECEIPT BY THE 2ND RESPONDENT ON 13-01-2023

ExhibitP10 TRUE COPY OF THE PRINT OUT OF THE TENDER SUMMARY DETAILS PUBLISHED IN THE WEBSITE OF THE 2ND RESPONDENT