Habeeb Rahiman vs The Managing Director, Bsnl
2023 Latest Caselaw 5812 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   WP(C) NO. 9404 OF 2023
PETITIONER:

          HABEEB RAHIMAN
          AGED 71 YEARS
          S/O.M. ABDUL REHMAN, MOODAMBAIL HOUSE,
          KOLIYADUKKAM, PERUMBALA, KASARGODE, PIN - 671317
          BY ADVS.
          MOHAMMED SADIQUE.T.A
          K.M.MOHAMMED YUSUFF (M-1323)
          SHANKAR V.
          T.A.MOHAMMED SANOOJ
          T.H.ABDUL AZEEZ

RESPONDENTS:

    1     THE MANAGING DIRECTOR, BSNL
          CORPORATE OFFICE, NEW DELHI, PIN - 110001
    2     THE CHIEF GENERAL MANAGER, TELECOM,
          DOORSANCHAR BHAVAN, PMG JUNCTION,
          VIKAS BHAVAN P.O.,
          THIRUVANATHAPURAM, PIN - 695033
    3     THE DEPUTY GENERAL MANAGER, MM,
          OFFICE OF THE CHIEF GENERAL MANAGER,
          TELECOM, DOOR SANCHAR BHAVAN,
          PMG JUNCTION, VIKAS BHAVAN P.O.,
          THURUVANANTHAPURAM,, PIN - 695033
    4     SOORYA CONSTRUCTIONS
          PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING
          PARTNER, SRI.RAGHUVARAN, SOORYAPURI,
          KOMBERI P.O., CALICUT,, PIN - 673007
          BY ADV SRI.MATHEWS K.PHILIP, SC, BSNL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.9404/2023

                                     2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                       W.P.(C).No.9404 of 2023
                ----------------------------------------------
               Dated this the 24th day of May, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari and to set aside Exhibit P6.

ii. To issue a writ in the nature of declaration that the 4th respondent is not qualified to be selected as the contractor for the work tendered in Palakkad district.

iii. To issue such other appropriate Writ, Order or Direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration

on 05.04.2023, this Court passed the following order:

"Learned Standing Counsel for the respondent BSNL submitted that, even today the tender is not finalised and even though learned Standing Counsel submitted that if a representation is submitted by the petitioner, it will be considered by the respondent; learned WP(C).No.9404/2023

counsel appearing for the petitioner seeks adjournment. I make it clear that, if a representation is received from the petitioner to consider the tender submitted by the petitioner, it shall also be taken into account.

Post on 24.05.2023. The pendency of the writ petition will not stand in the way of BSNL proceeding with the tender."

3. Today, when the matter came up for consideration,

the Standing Counsel for the respondents submitted that the

tender proceedings itself is cancelled by the 2 nd respondent. If

that be the case, nothing survives in this case.

Recording the above submission this writ petition is

closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.9404/2023

APPENDIX OF WP(C) 9404/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE INVITING E-

TENDER DATED 4.11.2022 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF THE INSTRUCTIONS TO BIDDERS DATED NIL Exhibit-P3 TRUE COPY OF THE SECOND TENDER EVALUATION COMMITTEE REPORT DATED NIL Exhibit-P4 TRUE COPY OF THE EXPERIENCE CERTIFICATE SUBMITTED BY THE PETITIONER WHICH IS AS PER THE STIPULATION IN EXHIBIT P2 DATED 28.7.2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 AND 2 .

Exhibit-P5 TRUE COPY OF THE CERTIFICATE OF THE 4TH RESPONDENT SUBMITTED BEFORE THE RESPONDENTS 1 AND 2 DATED NIL Exhibit-P5(a) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF RESPONDENT 4 DATED 19/11/2022 Exhibit-P5(b) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF RESPONDENT NO. 4, DATED 10/10/2022 Exhibit-P6 TRUE COPY OF THE COMMUNICATION DATED 8.3.2023 ISSUED FROM THE OFFICE OF THE TENDER INVITING AUTHORITY IE: THE SECOND RESPONDENT.