Shamsudheen vs State Of Kerala
2024 Latest Caselaw 6146 Ker

Kerala High Court

Shamsudheen vs State Of Kerala on 27 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
                       WP(C) NO. 13949 OF 2022
PETITIONER:

          ABDUL HAMEED, AGED 64 YEARS,
          S/O A.M.MOINDEEN HAJI, ARAFA HOUSE,
          POOMALA, SULTHAN BATHERY, WAYANAD-673 592.

          BY ADVS.
          P.A.MOHAMMED SHAH
          RENOY VINCENT
          ASWIN KUMAR M J
          HELEN P.A.
          ARUN ROY
          SHAHIR SHOWKATH ALI


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY SECRETARY,
          DEPARTMENT OF FOOD AND CIVIL SUPPLIES, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
          MAVELI BHAVAN, GANDHINAGAR, ERNAKULAM-682020,
          REPRESENTED BY ITS MANAGING DIRECTOR.

    3     REGIONAL MANAGER,
          KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
          JAIL ROAD, PUTHIYARA.P.O, KOZHIKODE-678 001.

    4     MANAGER (NFSA),
          KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
          MAVELI BHAVAN, ERNAKULAM-682 020.

    5     TALUK SUPPLY OFFICER,
          TALUK SUPPLY OFFICE, VYTHIRI TALUK,
          SUPPLYCO DEPOT, KALPETTA, WAYANAD-673576.

    6     DEPOT MANAGER, TALUK SUPPLY OFFICE,
          VYTHIRI TALUK, SUPPLYCO DEPOT,
          KALPETTA, WAYANAD,-673 576.

    7     DIJIN T.V.,
          THAZHATHVEETTIL, MODAKKALLUR, ATHOLI,
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -2-


            KOZHIKODE-673 323.

     8      SHAMEEM.K.P., KALAPURACKAL HOUSE,
            A.R. NAGAR, ABDURAHIMAN NAGAR,
            MALAPPURAM-676 305.

            BY ADVS.
            R.LAKSHMI NARAYAN
            RENJITH B.MARAR
            LAKSHMI.N.KAIMAL
            SMT.MOLLY JACOB, SC


         THIS   WRIT   PETITION     (CIVIL)    HAVING    COME   UP   FOR
ADMISSION       ON   27.02.2024,    ALONG     WITH   WP(C).12424/2022,
12788/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -3-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 12424 OF 2022
PETITIONER:

            SHAIJAL T.M., AGED 40 YEARS,
            S/O T P MOIDEEN, THOTTAPPALLY HOUSE,
            EMILY, KALPETTA P.O., WAYANAD DT.-673121.

            BY ADVS.
            MATHEW KURIAKOSE
            KRISHNAKUMAR J ADOOR
            MONI GEORGE


RESPONDENTS:

     1      KERALA CIVIL SUPPLIES CORPORATION LTD,
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI-682020,
            REPRESENTED BY ITS MANAGING DIRECTOR.

     2      THE MANAGING DIRECTOR,
            KERALA CIVIL SUPPLIES CORPORATION LTD,
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI-682020.

     3      THE DEPOT MANAGER,
            KERALA CIVIL SUPPLIES CORPORATION LTD,
            MANANTHAWADY, WAYANAD DISTRICT-670645.

     4      TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE,
            MANANTHAWADY, WAYANAD DISTRICT-670645.

     5      SHAMEEM K P, AGED 40,
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -4-


            KODUVAPARAMBAN HOUSE, A R NAGAR P O,
            MALAPPURAM DISTRICT-676305.

     6      DIJIN T V, AGED 34,
            THAZHATH VEETIL, MODAKKALLUR P O,
            ULLIYERI VIA, KOZHIKODE-673323.

     7      THE BRANCH MANAGER,
            THE FEDERAL BANK LTD, CHELARI BRANCH,
            GROUND FLOOR, 3J TOWER, CHELARI,
            VELIMUKKU P O, MALAPPURAM-676317..

            BY ADVS.
            RENJITH B.MARAR
            T.G.SUNIL (PRANAVAM)
            LAKSHMI.N.KAIMAL
            SMT.MOLLY JACOB, SC


         THIS   WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -5-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 12788 OF 2022
PETITIONER:

            SIDDIQUE, AGED 46 YEARS,
            S/O.UMMER, SUPER HOUSE, SAYED NAGAR,
            TALIPARAMBA, KANNUR DISTRICT, PIN-670 141.

           BY ADVS.
           MATHEW KURIAKOSE
           J.KRISHNAKUMAR (ADOOR)
           MONI GEORGE


RESPONDENTS:

     1      KERALA CIVIL SUPPLIES CORPORATION LTD.,
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI-682 020,
            REPRESENTED BY ITS MANAGING DIRECTOR.

     2      THE MANAGING DIRECTOR,
            KERALA CIVIL SUPPLIES CORPORATION LTD.,
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI-682 020.

     3      THE ASSISTANT MANAGER,
            KERALA CIVIL SUPPLIES CORPORATION LTD.,
            THALASSERY, WAYANAD DISTRICT-670 101.

     4      TALUK SUPPLY OFFICER,
            TALUK SUPPLY OFFICE,
            THALASSERY, WAYANAD DISTRICT-670 101.
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -6-


     5      SHAMEEM.K.P., AGED 40,
            S/O.MUHAMMED, KODUVAPARAMBA HOUSE,
            AR NAGAR P.O., MALAPPURAM DISTRICT-676 305.

     6      SRIJESH.K., AGED 34,
            S/O.VENUGOPALAN.K., KRISHNASREE,
            THARAKKANDIPARAMBU, VENGERI P.O.,
            KOZHIKODE-673 010.

     7      THE BRANCH MANAGER, THE FEDERAL BANK LTD.,
            CHELARI BRANCH, GROUND FLOOR, 3J TOWER,
            CHELARI, VELIMUKKU P.O., MALAPPURAM-676 317.

            BY ADVS.
            R.LAKSHMI NARAYAN
            RENJITH B.MARAR
            SHYAM PADMAN
            T.G.SUNIL (PRANAVAM)
            LAKSHMI.N.KAIMAL
            C.M.ANDREWS(K/000070/1989)
            LAYA MARY JOSEPH(K/000725/2016)
            HARISH ABRAHAM(K/764/2007)
            ASHWATHI SHYAM(K/1451/2020)
            SMT.MOLLY JACOB, SC


         THIS   WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -7-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 14274 OF 2022
PETITIONER:

            SHAMEEM K.P, AGED 41 YEARS,
            S/O. MOHAMMED, KODUVAPERANBU HOUSE,
            A.R. NAGAR P.O., MALAPPURAM - 676 375.

           BY ADVS.
           RENJITH B.MARAR
           LAKSHMI.N.KAIMAL
           ARUN POOMULLI
           SURABHI SANTHOSH
           AISWARYA THANKACHAN
           SHEENA S.


RESPONDENTS:

     1      STATE OF KERALA,
            REPRESENTED BY THE SECRETARY,
            DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
            SECRETARIAT, TRIVANDRUM - 695 001.

     2      KERALA STATE CIVIL SUPPLIES CORPORATION,
            REPRESENTED BY THE CHAIRMAN/ MANAGING DIRECTOR,
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI 682 020.

     3      MANAGER, NFSA,
            SUPPLYCO HEAD OFFICE,
            MAVELI BHAVAN, GANDHI NAGAR,
            KOCHI 682 020.
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -8-


     4          DEPOT MANAGER,
                TALUK SUPPLY OFFICE,
                (TECHNICAL BID & EVALUATION COMMITTEE),
                SUPPLYCO, THIRURANGADI TALUK DEPOT,
                KAKKANCHERY, MALAPPURAM - 673 620.

     5          V.P. ASHARAF, S/O. ABOOBACKER,
                VELUTHAPARAMBIL HOUSE, KUTTIPURAM P.O.,
                MALAPPURAM 679 571.

            BY ADVS.
            R.LAKSHMI NARAYAN
            P.A.MOHAMMED SHAH
            RENOY VINCENT
            HELEN P.A.
            ARUN ROY
            SHAHIR SHOWKATH ALI
            GONSALVES ROSYLINE
            SMT.MOLLY JACOB, SC


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -9-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 14410 OF 2022
PETITIONER:

            JAMES K.P., AGED 48 YEARS,
            S/O. K.S.PAILY, KOZHUKKATTA HOUSE,
            EAST CHERANELLOOR P.O., PERUMBAVOOR,
            ERNAKULAM DISTRICT-683544.

           BY ADVS.
           RENJITH B.MARAR
           LAKSHMI.N.KAIMAL
           ARUN POOMULLI
           SURABHI SANTHOSH
           SHEENA S.
           AISWARYA THANKACHAN


RESPONDENTS:

     1      KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
            (SUPPLYCO)
            REPRESENTED BY ITS MANAGING DIRECTOR,
            MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020.

     2      DEPOT MANAGER, SUPPLYCO DEPOT,
            ALUVA, ERNAKULAM-683101.

     3      DEPOT MANAGER, SUPPLYCO DEPOT,
            KUNNATHUNAD, ERNAKULAM-683562.

     4      TALUK SUPPLY OFFICER,
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -10-


                MINI CIVIL STATION, CIVIL STATION ROAD,
                PERIYAR NAGAR, ALUVA-683101.

     5          TALUK SUPPLY OFFICER,
                MINI CIVIL STATION,
                POOPPANI ROAD, PERUMBAVOOR,
                ERNAKULAM-683544.

     6          SUDHEER N.A., NEERUNGAL (H),
                RAJAGIRI P.O., SOUTH KALAMASSERY-683104.

            BY ADVS.
            R.LAKSHMI NARAYAN
            RAJESH VIJAYAN
            SIKHA S.NAIR(K/666/2008)
            SMT.MOLLY JACOB, SC


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -11-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 14524 OF 2022
PETITIONER:

            HASHIF V.P., AGED 27 YEARS,
            S/O. RAZAK T.K., POOKODE HOUSE,
            NALANKERI. P.O. PORARA, CHAVASSERY,
            KANNUR - 670702.

            BY ADVS.
            P.A.MOHAMMED SHAH
            RENOY VINCENT
            ASWIN KUMAR M J
            HELEN P.A.
            ARUN ROY
            SHAHIR SHOWKATH ALI


RESPONDENTS:

     1      STATE OF KERALA, REPRESENTED BY SECRETARY,
            DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
            SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2      KERALA STATE CIVIL SUPPLIES CORPORATION LTD.,
            MAVELI BHAVAN, GANDHI NAGAR,
            ERNAKULAM - 682020,
            REPRESENTED BY ITS CHAIRMAN AND MANAGING
            DIRECTOR.

     3      REGIONAL MANAGER,
            KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -12-


            JAIL ROAD, PUTHIYARA P.O.,
            KOZHIKODE - 678001.

     4      MANAGER (NFSA),
            KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
            MAVELI BHAVAN, ERNAKULAM - 682020.

     5      TALUK SUPPLY OFFICER,
            TALUK SUPPLY OFFICE, THALASSERY TALUK,
            MINI CIVIL STATION, THALASSERY,
            KANNUR - 670101.

     6      DEPOT MANAGER,
            TALUK SUPPLY OFFICE, THALASSERY TALUK,
            MINI CIVIL STATION, THALASSERY,
            KANNUR - 670101.

     7      SHAMEEM K.P., KODUVAPARAMBAN,
            A.R. NAGAR, ABDU RAHIMAN NAGAR,
            MALAPPURAM - 676305.

     8      SRIJESH K., KRISHNASREE,
            THAKARAKKANDI PARAMBU, VENGERI P.O.,
            KOZHIKODE - 673010.

     9      MOHAMMED RAFEEK, POOKKADASSERIYIL,
            MARKET P.O., VELLOORKUNNAM,
            ERNAKULAM - 686673.

    10      K. SIDDIQUE, SUPER HOUSE, SAYED NAGAR,
            TALIPARAMBA, KANNUR - 670141.

           BY ADVS.
           R.LAKSHMI NARAYAN
           RENJITH B.MARAR
           ARUN POOMULLI
           SURABHI SANTHOSH
           SHEENA S.
           AISWARYA THANKACHAN
           MEERA JOPPAN
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -13-


           LAKSHMI.N.KAIMAL
           SMT.MOLLY JACOB, SC


      THIS    WRIT    PETITION      (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -14-



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 14942 OF 2022
PETITIONER:

            SHAMSUDHEEN, AGED 47 YEARS,
            S/O MOOSA KUTTY, ALLIPRA, U.K HOUSE
            PALLIKKAL, MALAPPURAM - 673638.

           BY ADVS.
           RENJITH B.MARAR
           LAKSHMI.N.KAIMAL
           ARUN POOMULLI
           SURABHI SANTHOSH
           AISWARYA THANKACHAN


RESPONDENTS:

     1      STATE OF KERALA
            REPRESENTED BY THE SECRETARY,
            DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
            SECRETARIAT, TRIVANDRUM-695001.

     2      KERALA STATE CIVIL SUPPLIES CORPORATION
            REPRESENTED BY THE CHAIRMAN/MANAGING DIRECTOR
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI- 682020

     3      DEPOT MANAGER, KSCSC DEPOT
            THAVAKKARA ROAD, KANNUR, KERALA - 670001.

     4      MANAGER, NFSA, SUPPLYCO HEAD OFFICE
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI- 682020
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -15-


            BY ADVS.
            R.LAKSHMI NARAYAN
            RENJITH B.MARAR
            SMT.MOLLY JACOB, SC


      THIS    WRIT    PETITION      (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -16-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 14986 OF 2022
PETITIONER:

            JABIR .T.K, AGED 36 YEARS,
            S/O. UMMER, T.K.KADEEJA MANZIL,
            MANNA P.O., TALIPARAMBA, KANNUR.

           BY ADVS.
           RENJITH B.MARAR
           LAKSHMI.N.KAIMAL
           ARUN POOMULLI
           AISWARYA THANKACHAN
           SURABHI SANTHOSH


RESPONDENTS:

     1      KERALA STATE CIVIL SUPPLIES COOPERATION LTD.
            (SUPPLYCO),
            REPRESENTED BY ITS MANAGING DIRECTOR,
            MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020.

     2      DEPOT MANAGER, SUPPLYCO DEPOT,
            TALIPARAMBA, KANNUR.

     3      TALUK SUPPLY OFFICER, REVENUE TOWER,
            COURT ROAD, TALIPARAMBA-670141.

     4      VINOD KUMAR V.K., AGED 47 YEARS
            S/O. GANGADHARAN NAMBIAR M., MULLANCODE HOUSE,
            MULLANCODE, BEDADKA, KASARGOD-671541.
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -17-


            BY ADVS.
            R.LAKSHMI NARAYAN
            C.G.PREETHA
            DR.ABHILASH O.U.(K/000125/2019)
            SRI.SUNIL KUMAR KURIAKOSE, GP


      THIS    WRIT    PETITION      (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -18-




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA,
                                   1945
                      WP(C) NO. 15033 OF 2022
PETITIONER:

            SHAMSUDHEEN, AGED 47 YEARS,
            S/O.MOOSAKUTTY, ALLIPRA, UK HOUSE,
            PALLIKKAL, MALAPPURAM-673 638.

           BY ADVS.
           RENJITH B.MARAR
           LAKSHMI.N.KAIMAL
           ARUN POOMULLI
           SURABHI SANTHOSH
           SHEENA S.
           AISWARYA THANKACHAN


RESPONDENTS:

     1      STATE OF KERALA,
            REPRESENTED BY THE SECRETARY,
            DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
            SECRETARIAT, TRIVANDRUM-695 001.

     2      KERALA STATE CIVIL SUPPLIES CORPORATION,
            REPRESENTED BY THE CHAIRMAN/MANAGING DIRECTOR,
            MAVELI BHAVAN, GANDHI NAGAR, KOCHI-682 020.

     3      DEPOT MANAGER, KSCSC DEPOT, KODUVALLY,
            THAMARASSERY, KOZHIKODE-673 572.

     4      MANAGER, NGFSA,
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                   -19-


                SUPPLYCO HEAD OFFICE, MAVELI BHAVAN,
                GANDHI NAGAR, KOCHI-682 020.

     5          A.V.RASIYA, W/O.ABDUL HAMEED,
                ARAFA POOMALA, MANNIKKUNNI,
                SULTHANBATHERY, WAYANAD-673 592.

     6          MANAGER, NFSA,
                KODUVALLY, THMARASSERY,
                KOZHIKODE-673 572.

            BY ADV R.LAKSHMI NARAYAN
            MOLLY JACOB, SC


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.02.2024, ALONG WITH WP(C).13949/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

                                    -20-


                              JUDGMENT

[WP(C) Nos.13949/2022, 12424/2022, 12788/2022, 14274/2022, 14410/2022, 14524/2022, 14942/2022, 14986/2022, 15033/2022]

It is without doubt - as is admitted at

the Bar by the learned counsel for the

parties also - that the challenge in these

cases are against certain Tender

Notifications issued by the Kerala State

Civil Supplies Corporation Ltd. ('SUPPLYCO',

for short) qua the transport of grains for

the year 2022-23.

2. Smt.Molly Jacob - learned counsel for

the 'SUPPLYCO' in some matters; and

Sri.R.Lakshmi Narayanan - learned counsel for

it in the others, asserted that, since there

were no orders of stay granted by this Court [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

in these matters, the tenders were awarded

and its period is now over; consequent to

which, fresh tender notifications have either

been issued, or will be issued soon. They

contended that, therefore, nothing survives

in these writ petitions, except an academic

evaluation of uncorroborated allegations, and

thus prayed that they be dismissed; however,

conceding that the petitioners can also

apply, subject to their credentials, in the

new tendering process.

3. The learned counsel for the

petitioners, affirmed that the period for

which the impugned Tender Notifications were

called for, is now over; but some of them,

and in particular, Sri.Mathew Kuriakose,

argued that the larger issues still remain, [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

especially as to whether the 'SUPPLYCO' had

violated law in allowing the tender in favour

of persons who had supported their bid papers

with false documents and such other. In fact,

Sri.Mathew Kuriakose requested that, even if

this Court is to find that these matters may

have now become infructuous, liberty may be

reserved to his clients to invoke other

remedies, as may be found warranted in

future.

4. The learned counsel for the

petitioners further prayed that their clients

be reserved liberty to participate in the new

processes of Tender, initiated or to be

notified by the 'SUPPLYCO'; and pleaded that

the orders of rejection in these cases be

directed to not be adverted to during such [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

processes.

5. No doubt, nothing survives in these

writ petitions because, the allegations and

assertions made are qua the notification for

the year 2022-23. As rightly submitted by

Smt.Molly Jacob and Sri.R.Lakshmi Narayanan,

no interim orders had been issued by this

Court; and consequently, tenders may have

been awarded to other persons and the period

of the same may also now over.

6. Apodictically, therefore, any

assessment of the contentions of the

petitioners would now become irrelevant and,

at the best, only academic in nature, which

this Court cannot do, while it acts under

Article 226 of the Constitution of India.

7. That being said, surely the [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

petitioners must be declared to be entitled

to participate in the new processes of

tender, as and when it is initiated by the

'SUPPLYCO', or have already been initiated;

for which purpose, neither can these

proceedings be a fetter; nor the orders of

rejection assailed in these matters be an

impediment. I record that this has been

expressly conceded to by the 'SUPPLYCO' also.

Resultantly, these writ petitions are

dismissed as having become infructuous;

however, leaving open all rival contentions

of the parties, as also available liberties,

as may be entitled to them in law.

It is further clarified that, should any

of the petitioners in these cases, intend to

participate in any tender process already [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

initiated, or to be notified by the

'SUPPLYCO', nothing will stop them from doing

so, subject to their credentials and to them

satisfying requirements under the statutory

Scheme.

Needless to say, as and when any such bid

is offered by the petitioners, the 'SUPPLYCO'

shall consider it in terms of law, dehors the

impugned proceedings in these matters and

without being influenced by the factum of

them having been disqualified in the earlier

proceedings.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 12424/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE FOR E-TENDER DATED 2.2.2022 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE TENDER SUMMARY REPORT DATED 1.4.2022 OF TENDER-REFERENCE NO.NFSAV 41937/2021 AS REGARDS MANANTHAVADI TALUK.

EXHIBIT P3 TRUE COPY OF THE SCHEDULE-1 OF THE TECHNICAL BID SUBMITTED BY THE PETITIONER WITH DETAILS OF 10 VEHICLES.

EXHIBIT P4 TRUE COPY OF THE UNDERTAKING (AFFIDAVIT) DATED 16.03.2022 S8BMITTED BY THE PETITIONER ADDRESSING THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER CUM COMMUNICATION DATED 19.03.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE FIRST AND LAST TWO PAGES EACH OF THE STATEMENT OF ACCOUNTS SUBMITTED BY THE 5TH RESPONDENT ALONG WITH HIS TENDER AS REGARDS ACCOUNT NO.16470200005582 WITH M/S FEDERAL BANK LTD, CHELARI BRANCH.

EXHIBIT P7 TRUE COPY OF THE FIRST AND LAST PAGES OF THE TENDER FORM SUBMITTED ONLINE BY THE 6TH RESPONDENT IN RESPONSE TO EXT.P1.

[WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 30/03/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P8(A) TRUE COPY OF THE E-MAIL THROUGH WHICH EXHIBIT-P8 COMPLAINT WAS SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P9 TRUE COPY OF THE TECHNICAL BID EVALUATION REPORT WHEREBY THE TENDER OF SHAMSUDHEEN HAS BEEN REJECTED. [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 12788/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE FOR E TENDER DATED 02.02.2022 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE TENDER SUMMARY REPORT DATED 04.03.2022 OF TENDER REFERENCE NO.NFSA5141937/2021 AS REGARDS THALASSERY TALUK.

EXHIBIT P3 TRUE COPY OF THE FIRST AND LAST TWO PAGES EACH OF THE STATEMENT OF ACCOUNTS SUBMITTED BY THE 5TH RESPONDENT ALONG WITH HIS TENDER AS REGARDS ACCOUNT NO.16470200005582 WITH M/S. FEDERAL BANK LTD., CHELARI BRANCH.

EXHIBIT P4 TRUE COPY OF THE FIRST AND LAST PAGES OF THE TENDER FORM SUBMITTED ONLINE BY THE 5TH RESPONDENT IN RESPONSE TO EXT.P1.

EXHIBIT P5 TRUE COPY OF THE FIRST AND LAST PAGES OF THE TENDER FORM SUBMITTED ONLINE BY THE 6TH RESPONDENT IN RESPONSE TO EXT.P1.

EXHIBIT P6 TRUE COPY OF THE TECHNICAL BID EVALUATION REPORT WHERE BY THE TENDER OF SHAMSUDHEEN HAS BEEN REJECTED [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 14274/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE ISSUED BY THE KERALA STATE CIVIL SUPPLIES CORPORATION DATED 02.02.2022.

EXHIBIT P2 TRUE COPY OF THE NOTICE NFSA V 8852 DATED 15.03.2022 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE BANK STATEMENT PREFERRED BY THE 5TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE DATA SHEET SHOWING THE RESULT IN THE TENDER PROCESS FOR THIRURANGADI TALUK.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 14.3.2022.

[WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 14410/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE NO.NFSA5-41937/2021 DATED 2.2.2022.

EXHIBIT P2 TRUE COPY OF RTI APPLICATION AND REPLY DATED 18.3.2022.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 9.3.2022.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 19.4.2022.

RESPONDENT EXHIBITS

EXHIBIT R6 A TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CX- 0035

EXHIBIT R6 B TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CX-0368

EXHIBIT R6 C TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CW-9984

EXHIBIT R6 D TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CV-2964

EXHIBIT R6 E TRUE COPY OF THE VEHICLE TRACKING [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CV-3194

EXHIBIT R6 F TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CV-3017

EXHIBIT R6 G TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CV-2966

EXHIBIT R6 H TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CW-9926.

EXHIBIT R6 I TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CW-9908.

EXHIBIT R6 J TRUE COPY OF THE VEHICLE TRACKING SYSTEM INSTALLATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-07- CV-3074.

[WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 14524/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE TENDER NOTICE BEARING NO. NFSA541937/2021 ISSUED BY THE 2ND RESPONDENT DATED 02.02.2022.

EXHIBIT P2 THE TRUE COPY OF THE DULY SIGNED TENDER FORM SUBMITTED BY THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE TECHNICAL BID FORM SUBMITTED BY THE PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DATED 25.02.2022.

EXHIBIT P5 THE TRUE COPY OF THE SCREENSHOT OF THE PAGE SHOWING THE DETAILS OF THE COMMERCIAL BIDS SUBMITTED BY THE RESPONDENT NOS. 7 TO 10.

EXHIBIT P6          THE TRUE COPY OF THE TENDER SUMMARY
                    REPORT      DOWNLOADED      FROM  THE

WEBSITEWWW.ETENDERS.KERALA.GOV.IN

EXHIBIT P7 THE TRUE COPY OF THE STATEMENT OF THE TECHNICAL EVALUATION COMMITTEE DATED 02.04.2022.

EXHIBIT P8 THE TRUE COPY OF THE TENDER FORM SUBMITTED BY THE RESPONDENT NO.7.

EXHIBIT P9 THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE INVITING TENDER ISSUED BY THE 2ND RESPONDENT DATED 15.07.2020.

EXHIBIT P10 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT TO ALL THE REGIONAL [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

MANAGERS OF THE 2ND RESPONDENT DATED 15.03.2022.

EXHIBIT P11 THE TRUE COPY OF THE BANK STATEMENT SUBMITTED BY THE 8TH RESPONDENT.

EXHIBIT P12 THE TRUE COPY OF THE VEHICLE DETAILS UPLOADED BY THE 8TH RESPONDENT.

EXHIBIT P13 THE TRUE COPY OF THE DETAILS OF THE RATES QUOTED BY THE PETITIONER.

EXHIBIT P14 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN AND MANAGING DIRECTOR OF THE 2ND RESPONDENT DATED 05.04.2022.

EXHIBIT P15 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 05.04.2022.

EXHIBIT P16 THE TRUE COPY OF THE ORDER PASSED IN WRIT PETITION (CIVIL) NO. 9941/2022 DATED 23.03.2022.

[WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 14942/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE ISSUED BY THE KERALA STATE CIVIL SUPPLIES CORPORATION DATED 02.02.2022.

EXHIBIT P2 TRUE COPY OF THE TENDER APPLICATION AND TECHNICAL BID SUBMITTED ON 28-02-

EXHIBIT P3              TRUE COPY OF THE NOTICE ISSUED BY THE
                        KERALA     STATE     CIVIL    SUPPLIES
                        CORPORATION,     KANNUR    DEPOT    ON
                        11.03.2022.

EXHIBIT P4              TRUE   COPY       OF   THE  NOTICE  DATED
                        15.03.2022        ISSUED   BY   THE   4TH
                        RESPONDENT.

EXHIBIT P5              TRUE COPY OF THE BANK STATEMENT ISSUED
                        BY THE FEDERAL BANK.

EXHIBIT P6              TRUE   COPY   OF   THE  LETTER  DATED

14.03.2022 PREFERRED BY THE SENIOR MANAGER, FEDERAL BANK; PULIKKAL

EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 18-03- 2022 PREFERRED BY THE PETITIONER

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 23-03-

EXHIBIT P10 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 21-04-2022 [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 14986/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE NO.NFSA5-41937/2021 DATED 2.2.2022 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PETITIONER'S SCHEDULE-I TECHNICAL BID DATED 26.2.2022.

EXHIBIT P3 TRUE COPY OF THE PETITIONER'S AFFIDAVIT DATED 25.2.2022.

EXHIBIT P4 TRUE COPY OF THE TENDER SUMMARY REPORT DATED 2.2.2022.

EXHIBIT P5 TRUE COPY OF THE 4TH RESPONDENT'S AFFIDAVIT DATED 28.2.2022.

EXHIBIT P6 TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 16.3.2022. [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 15033/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE ISSUED BY THE KERALA STATE CIVIL SUPPLIES CORPORATION DATED 02.02.2022.

EXHIBIT P2 TRUE COPY OF THE TECHNICAL BID SUBMITTED BY THE 5TH RESPONDENT ON 01.03.2022.

EXHIBIT P3 TRUE COPY OF THE DATA SHEET SHOWING THE RESULTS OF THE TECHNICAL BID OF THE THAMARASSERY TALUK.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 245.04.2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 25.04.2022 PREFERRED TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 25.04.2022 PREFERRED TO THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE TECHNICAL BID SUBMITTED BY THE 5TH RESPONDENTS SPOUSE FOR THE KALPETTA TALUK.

EXHIBIT P8 TRUE COPY OF THE REJECTION NOTICE ISSUED BY THE TECHNICAL EVALUATION COMMITTEE FOR KALPETTA TALUK. [WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

APPENDIX OF WP(C) 13949/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE TENDER NOTICE BEARING NO. NFSA 5-41937/2021 ISSUED BY THE 2ND RESPONDENT DATED 02.02.2022.

EXHIBIT P2              THE TRUE COPY     OF THE DULY SIGNED
                        TENDER    FORM    SUBMITTED BY   THE
                        PETITIONER.

EXHIBIT P3              THE TRUE COPYOF THE TECHNICALBID FORM

SUBMITTED BY THE PETITIONER DATED 01.03. 2022.

EXHIBIT P4 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DATED 01.03.2022

EXHIBIT P5 THE TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT DATED 10.03.2021

EXHIBIT P6 THE TRUE COPY OF THE TENDER FORM SUBMITTED BY THE RESPONDENT NO.7

EXHIBIT P7 THE TRUE COPY OF THE TENDER FORM SUBMITTED BY THE RESPONDENT NO.8

EXHIBIT P8 THE TRUE COPY OF THE SCREENSHOT OF THE PAGE SHOWING THE DETAILS OF THE COMMERCIAL BIDS SUBMITTED BY RESPONDENT NOS. 7 AND 8.

EXHIBIT P9 THE TRUE COPY OF THE EMAIL COMMUNICATION ISSUED TO THE PETITIONER DATED 07.04.2022.

[WP(C) Nos.13949, 12424, 12788, 14274,

14410, 14524, 14942, 14986 & 15033/2022

EXHIBIT P10 THE TRUE COPY OF THE LETTER BYTHE PETITIOINER BEFORE THE MANAGING DIRECTOR OF THE 2ND RESPONDENT DATED 07.04.2022.

EXHIBIT P11 THE TRUE COPY OF THE DETAILS OF THERATES QUOTED BY THE PETITIONER.

EXHIBIT P12 THE TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT TO ALL THE REGIONAL MANAGERS OF THE 2ND RESPONDENT DATED 15.03.2022.

EXHIBIT P13 THE TRUE COPY OF THE BANK STATEMENT SUBMITTED BY THE 8TH RESPONDENT,

EXHIBIT P14 THE TRUE COPY OF THE ORDER PASSED IN WRIT PETITION (CIVIL) NO. 9547/2022 DATED 23.03.2022.

EXHIBIT P15 THE TRUE COPY OF THE RELEVENT PAGES OF THE NOTICEINVITING TENDER ISSUED BY THE 2ND RESPONDENT DATED 15.07.2020.