Kerala High Court
R.S.P Constructions vs Corporation Of Kochi on 16 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.3579/2024 1/3 Order Date : 16-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 16th day of February 2024 / 27th Magha, 1945
WP(C) NO. 3579 OF 2024
PETITIONER:
R.S.P CONSTRUCTIONS, AGED 56 YEARS, NANIYATTIL HOUSE, KAKKANAD P.O.,
KANAYANNUR TALUK, ERNAKULAM DISTRICT-682030 REPRESENTED BY ITS
PROPRIETOR MR. N.R.SHAJI, S/O.N.K.RAJAN, NANIYATTIL HOUSE, KAKKANAD
P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682030
RESPONDENTS:
1. CORPORATION OF KOCHI, ERNAKULAM DISTRICT, REPRESENTED BY ITS
SECRETARY., PIN - 682016
2. THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM DISTRICT, PIN -
682016
3. HEALTH OFFICER, CORPORATION OF KOCHI, ERNAKULAM DISTRICT, PIN -
682016
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the second respondent to execute agreements for the work
mentioned in Exhibit P7 to P9 tender notices and issue work order in favor
of petitioner within a reasonable period which this honorable court may
deem fit and proper in the interest of justice and circumstances of the
case since the petitioner is the lowest bidder in the subject matter till
the final disposal of above wp(c).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.M.ZIRAJ & IRFAN ZIRAJ Advocates for the petitioner, the court passed
the following:
WP(C) No.3579/2024 2/3 Order Date : 16-02-2024
MURALI PURUSHOTHAMAN, J.
========================
W.P.(C) No.3579of 2024
==================
Dated this the 16th day of February, 2024
ORDER
Avoid.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
WP(C) No.3579/2024 3/3 Order Date : 16-02-2024
APPENDIX OF WP(C) 3579/2024
Exhibit P1 . TRUE COPY OF THE RELEVANT PAGES OF THE OFFICE
ENDORSEMENT OF VALIDITY OF CONTRACT REGARDING TENDER
ISSUED TO THE PETITIONER UNDER RIGHT TO INFORMATION ACT
DATED 04.04.2022
Exhibit P2 TRUE COPY OF THE TENDER NOTICE DATED 17.6.2023 ISSUED
BY THE THIRD RESPONDENT ON BEHALF OF THE FIRST
RESPONDENT
Exhibit P3 TRUE COPY OF THE TENDER NOTICE DATED 2.9.2023 ISSUED BY
THE THIRD RESPONDENT IS PRODUCED
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 21.7.2023 SUBMITTED
BY THE PETITIONER BEFORE THE SECOND RESPONDENT
Exhibit P5 TRUE COPY OF THE RECEIPT DATED 24.7.2023 ISSUED FROM
THE OFFICE OF SECOND RESPONDENT REGARDING THE RECEIPT
OF APPLICATION BY THE CORPORATION
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 16.9.2023 SUBMITTED
BY THE PETITIONER BEFORE THE SECOND RESPONDENT
Exhibit P7 TRUE COPY OF THE E-TENDER NOTICE DATED 21.12.2023
INVITING TENDER FOR SUPPLY OF BACKHOE LOADER FOR DAILY
RENT TO FACILITATE REMOVAL OF ORGANIC WASTE
Exhibit P8 TRUE COPY OF THE TENDER NOTICE DATED 21.12.2023
INVITING TENDER FOR SUPPLYING HITACHI (BIG)
Exhibit P9 TRUE COPY OF THE TENDER NOTICE DATED 21.12.2023
INVITING TENDER FOR SUPPLYING LORRIES TO TRANSPORT
ORGANIC WASTE TO THE DUMPING YARD AT BRAHMAPURAM
Exhibit P10 TRUE COPY OF THE GENERAL CONDITION REGARDING TENDERS IN
CONNECTION WITH EXHIBIT P7 TO EXHIBIT P9 DATED
23.12.2023 APPROVED BY THE DECISION OF COUNSEL OF 1ST
RESPONDENT DATED 1.02.2023
Exhibit P11 TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED
12.01.2024 IN WPC NO.32669 OF 2023
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES REGARDING THE DETAILS
OF PARTICIPANTS DOWNLOADED FROM THE WEBSITE OF
DIRECTORATE OF URBAN AFFAIRS/ REGIONAL JOINT DIRECTOR
KOCHI
Exhibit P13 TRUE COPY OF THE PRELIMINARY AGREEMENT DATED 9.1.2024
SIGNED AND HANDED OVER BY THE PETITIONER TO 2ND
RESPONDENT
