Kerala High Court
Rajesh vs Sajeev on 31 March, 2023
Con.Case(C) No.364/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
CONTEMPT CASE(C) NO. 364 OF 2023(S) IN WP(C) 3895/2020
PETITIONER/PETITIONER IN WPC 3895/2020:
RAJESH, AGED 42 YEARS, S/O RAMACHANDRAN, KAVINTETHEKKETHIL,
VALATHUNGAL, ERAVIPURAM, KOLLAM DISTRICT, PIN - 691 011.
BY ADVOCATE SRI. S. VIDYASAGAR
RESPONDENTS/RESPONDENT 3 AND 4 IN WPC 3895/2020:
1. SAJEEV, AGED 45 YEARS, SECRETARY, KOLLAM MUNICIPAL CORPORATION,
CORPORATION OFFICE, KOLLAM - 691 001.
2. PRASANNA EARNEST, AGED 55 YEARS, THE CHAIRPERSON (MAYOR), KOLLAM
MUNICIPAL COUNCIL, KOLLAM MUNICIPAL CORPORATION, KOLLAM - 691 001
BY STANDING COUNSEL
This Contempt of court case (civil) having come up for orders on
31.03.2023, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.364/2023 2/4
ALEXANDER THOMAS, J.
===================================
Cont. Case (C) No. 364 of 2023
(arising out of the impugned judgment dated 9.3.2020 in
WP(C). No. 3895/2020))
===================================
Dated this the 31st day of March, 2023
ORDER
Sri.S.Vidyasagar, learned counsel appearing for the
petitioner, would submit on the basis of instructions of his party
that, pursuant to Anx.1 judgment rendered by this Court as early
as on 9.3.2020 in WP(C).No.3895/2020, the respondents have
issued Anx.2 proceedings dated 16.1.2023, in purported
compliance of the directions in this judgment, for re-tendering the
cafeteria. Further that, the petitioner participated in the said
re-tender and the tender was knocked down in his favour for the
quoted amount of Rs.3,05,000/- and the petitioner, on
negotiation with the Deputy Mayor, agreed for a substantial rate
of quotation amount, which is fixed as Rs.3,25,000/-. Out of the
said amount, the petitioner has already remitted the requisite
Earnest Money Deposit (EMD), but that the respondents are not
taking any further action and delaying the matter.
2. The learned Standing Counsel for the respondent -
Kollam Municipal Corporation submits that, some more time is
Con.Case(C) No.364/2023 3/4
Cont. Case (C) No. 364/2023
..2..
required to secure instructions.
3. The abovesaid approach of the respondents, in not
even caring to furnish instructions despite the institution of this
Contempt proceedings, is highly unacceptable. Anx.1 judgment
was rendered by this Court as early as on 9.3.2020. Despite
opportunity, the respondents have not even bothered to furnish
instructions to this Court. The petitioner's case is that, though
Anx.2 proceedings dated 16.1.2023 itself is contemptuous, he
thought of buying peace by participating in the re-tender offering
the highest amount and even still raising the amount in
negotiation and paying the EMD and despite all this, the
respondents are delaying and protracting the matters.
Accordingly, the 1st respondent - Secretary of the Kollam Municipal
Corporation shall be personally present before this Court on
3.4.2023.
List the case in the Court on 3.4.2023 at 3.30 P.M.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
VGD
31-03-2023 /True Copy/ Assistant Registrar
Con.Case(C) No.364/2023 4/4
APPENDIX OF CON.CASE(C) 364/2023
Annexure1 CERTIFIED COPY OF THE JUDGMENT DATED 09/03/2020 IN
3895/2020
Annexure2 RETENDER NOTICE DATED 16/01/2023 INVITING QUOTATION FOR
THE CAFETERIA
31-03-2023 /True Copy/ Assistant Registrar
