Forsha Builders And Developers ... vs State Of Kerala
2023 Latest Caselaw 10759 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      WP(C) NO. 34809 OF 2023
PETITIONER:

             FORSHA BUILDERS AND DEVELOPERS PVT. LTD
             HAVING ITS REGISTERED OFFICE AT ARAFA
             CENTRE, NULLIPADY, KASARAGOD DISTRICT,
             REPRESENTED BY ITS MANAGING DIRECTOR,
             SHAMEER M.A, AGED 46 YEARS,
             S/O.ABDULLA KUNHI, RESIDING AT
             MASTHIKUND, POST MULIYAR,
             KASARAGOD DISTRICT, PIN - 671121
             BY ADV.
             SRI.NIREESH MATHEW

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO
             GOVERNMENT, HARBOUR ENGINEERING
             DEPARTMENT, KAMALESWARAM, MANACAUD,
             THIRUVANANTHAPURAM, PIN - 695009
     2       THE HARBOUR ENGINEERING DEPARTMENT
             O/O. CHIEF ENGINEER, VISHINJAM ROAD,
             KAMALESWARAM, THIRUVANANTHAPURAM-695009
             REPRESENTED BY ITS CHIEF ENGINEER.
     3       THE HARBOUR ENGINEERING DEPARTMENT
             CENTRAL CIRCLE, HAJI KCM,
             MATHER ROAD, ERNAKULAM NORTH,
             KACHERIPADY, ERNAKULAM - 682018
             REPRESENTED BY ITS SUPERINTENDING ENGINEER.
             BY ADV.
             SRI.P.S.APPU - GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.10.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 34809 of 2023
                                  :2:



                     DEVAN RAMACHANDRAN, J.
                 =========================
                      W.P.(C).No. 34809 of 2023
                ==========================
                Dated this the 19th day of October, 2023

                             JUDGMENT

Amidst the various allegations, averments, and assertions

made and urged in this writ petition, when this matter was

called today, the learned counsel for the petitioner confined his

plea that the competent among respondents 2 and 3 be directed

to take up and dispose of Exts.P9 and P10 representations of his

client, within a time frame to be fixed by this Court.

2. The learned counsel for the petitioner, explained that his

client has already submitted the bid documents, but that there

was a mistake in his accounts, which has been subsequently

rectified, by producing a physical one. He submitted that this is

all that has been sought to be considered by the competent

Authority through Exts.P9 and P10 representations.

3. Sri.P.S.Appu - learned Government Pleader, in response,

submitted that the time for opening the Technical Bid expired on

18.08.2023. He added that he is making this submission

because, the entitlement of the petitioner to have produced the

accounts in physical form is one that will have to be decided by W.P.(C).No. 34809 of 2023

the competent Authority in terms of law, because, prima facie it

does not appear to be tenable. He, however, submitted that, if

this Court is only inclined to direct the competent among

respondents 2 and 3 to dispose of Ext.P9 and P10 as per law,

there does not appear to be any legal impediment for the

competent respondent in doing so; but prayed that this Court

may not make any affirmative declarations in his favour and

leave it to the competent respondent to take an appropriate

decision thereon, as per law.

3. Taking note of the afore submissions, I direct the 3 rd

respondent - who is stated to be competent Authority by the

learned Government Pleader, to take up Exts.P9 and P10

representations of the petitioner and dispose of the same, after

affording him an opportunity of being heard; thus culminating in

an appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than one week from

the date of receipt of a copy of this judgment.

4. I make it clear that, I have not considered the merits of

the contentions of the petitioner in any manner, including

whether he was entitled to have filed his accounts in a physical

format, and that this is all left to be decided by the 3 rd W.P.(C).No. 34809 of 2023

respondent appropriately.

5. For the afore purpose, I direct the petitioner to mark

appearance before the 3rd respondent at 10 a.m., on 21.10.2023,

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 34809 of 2023

APPENDIX OF WP(C) 34809/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, KOZHIKODE DATED 16.09.2020 ISSUED IN THE NAME OF THE PETITIONER COMPANY Exhibit-P2 TRUE PHOTOCOPY OF THE NOTICE INVITING TENDER DATED 26.07.2023 ISSUED BY THE 3RD RESPONDENT Exhibit-P3 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 28.02.2022 ISSUED BY THE DEPARTMENT OF PORTS AND FISHERIES DIVISION Exhibit-P4 TRUE PHOTOCOPY OF THE APPLICATION RECEIPT EVIDENCING THE SUBMISSION OF APPLICATION AND PAYMENT OF ABOVE FEES DATED 04.09.2023 Exhibit-P5 TRUE PHOTOCOPY OF THE FORM OF TENDER SUBMITTED BY THE PETITIONER COMPANY Exhibit-P6 TRUE PHOTOCOPY OF THE PRELIMINARY AGREEMENT DATED 03.09.2023 Exhibit-P7 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED 03.09.2023 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit-P8 TRUE PHOTOCOPY OF THE TIME SCHEDULE REPORT SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit-P9 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 09.10.2023 RECEIVED BY THE 3RD RESPONDENT ON 09.10.2023 Exhibit-P10 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 09.10.2023 RECEIVED BY THE 2ND RESPONDENT ON 10.10.2023

RESPONDENTS' EXHIBITS : NIL.