Mubashir. M vs Assistant Executive Engineer
2023 Latest Caselaw 5521 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                         WP(C) NO. 15051 OF 2023
PETITIONER/S:

            MUBASHIR. M
            AGED 30 YEARS
            S/O SAIDALAVI, MADARI HOUSE,
            CHEROOPA P.O PIN - 673661
            KOZHIKODE DISTRICT.,
            BY ADVS.
            JAMSHEED HAFIZ
            T.S.SREEKUTTY


RESPONDENT/S:

     1      ASSISTANT EXECUTIVE ENGINEER
            IRRIGATION SOUTH SUB DIVISION KOZHIKODE,
            KOZHIKODE DISTRICT, PIN - 673001
     2      KUNNAMANGALAM GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, KUNNAMANGALAM,
            KOZHIKEDE DISTRICT, PIN - 673571
     3      THE SECRETARY
            KUNNAMANGALAM GRAMA PANCHAYAT,
            KUNNAMANGALAM, KOZHIKODE DISTRICT, PIN - 673571
OTHER PRESENT:

            SRI. JOBY JOSEPH-SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15051 OF 2023       ..2..

                          JUDGMENT

The petitioner states that he had participated in a

tender floated by the 1st respondent and has become the

lowest bidder in 'Tender No. AEESIK/ET-01/2023-24 for

DEPOSIT - Desiltation work in Iruthulli Puzha at Edathum

Kadavu in Kunnamangalam Panchayat - General Civil

Work'. The grievance of the petitioner is that, though he is

the lowest bidder, overlooking his claim, the 1 st respondent

is taking steps to award the work to Kodiyathur Labour

Contract C-operative Society Ltd. No.D 2888. The petitioner

has submitted Ext.P5 representation before the 1 st

respondent highlighting his grievance. The limited prayer of

the petitioner is to consider Ext.P5 representation by the 1 st

respondent.

2. Heard the learned counsel for the petitioner and the

learned Senior Government Pleader. In the nature of the

order I propose to issue, notice to respondents 2 and 3 is WP(C) NO. 15051 OF 2023 ..3..

dispensed with.

3. In the facts and circumstances of the case, there will

be a direction to the 1st respondent to consider Ext.P5

representation within a period of ten days from the date of

receipt of a copy of this judgment with notice to the said

Society and other affected parties. It is made clear that this

Court has not made any observations on the merits of the

matter.

The writ petition is disposed of as above.

Sd/-

                             MURALI PURUSHOTHAMAN
                                      JUDGE
SB
 WP(C) NO. 15051 OF 2023      ..4..

                          APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CONTRACTORS REGISTRATION CARD REG NO. PWD/CIVIL/1094/2022-2023 ISSUED BY THE EXECUTIVE ENGINEER DATED 17.06.2022 Exhibit P2 TRUE COPY OF THE PRELIMINARY REPORT PUBLISHED BY THE LST RESPONDENT DATED NIL.

Exhibit P3 TRUE COPY OF THE E-TENDERING SYSTEM GENERATED REPORT OF THE QUOTATION SUBMITTED BY THE BIDDERS DATED NIL Exhibit P4 TRUE COPY OF THE LICENSE OF THE KODIYATHUR LABOUR CONTRACT CO-OPERATIVE SOCIETY, EXPIRED ON 31.03.2023 Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE LST RESPONDENT DATED 24.04.2023