G.Mohanan Nair vs The Kottarakkara Municipality
2024 Latest Caselaw 12707 Ker

Kerala High Court

G.Mohanan Nair vs The Kottarakkara Municipality on 21 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        WP(C) NO. 41155 OF 2017
PETITIONERS:

    1       G.MOHANAN NAIR
            AGED 62 YEARS, S/O.GANGADHARAN PILLAI, DEEPASREE,
            PADINJATTINKARA, KOTTARAKKARA, KOLLAM DISTRICT.

    2       B.VENU GOPALAN NAIR
            AGED 47 YEARS
            AGED 47 YEARS, S/O.BHASKARAN PILLAI, ABHAYA,
            PADINJATTINKARA, KOTTARAKKARA, KOLLAM DISTRICT.

    3       RAJU N.
            ALUVILA VEEDU, EZHUKONE, KOTTARAKKARA, KOLLAM DISTRICT.

            BY ADVS.
            SRI.R.MOHANA BABU
            SRI.M.AJITH KARICODE



RESPONDENTS:

    1       THE KOTTARAKKARA MUNICIPALITY
            REPRESENTED BY ITS SECRETARY, MUNICIPALITY OFFICE,
            KOTTARAKKARA, KOLLAM-691506.

    2       THE MUNICIPAL ENGINEER
            KOTTARAKKARA MUNICIPALITY, MUNICIPALITY
            OFFICE,KOTTARAKKARA, KOLLAM-691506.

    3       THE CHAIRPERSON
            KOTTARAKKARA MUNICIPALITY, MUNICIPALITY
            OFFICE,KOTTARAKKARA, KOLLAM.

            BY ADV SRI.M.K.CHANDRAMOHAN DAS, SC, KOTTARAKKARA
            MUNICIPALITY




     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                             P.V.KUNHIKRISHNAN, J.
                         = = = = = = = = = = = = = = =
                            W.P.(c).No.41155 of 2017
                        = = = = = = = = = = = = = = = =
                       Dated this the 21st day of May, 2024

                                       JUDGMENT

The above writ petition is filed with the following prayers:-

" 1.To issue a Writ of Certiorari or any other order setting aside Ext.P7 and Ext.P8 notices by directing the respondents to publish a proper legal tender notice affording an opportunity for petitioners to participate in the bid for the awarding of works in a fair and proper manner according to law prescribed for the purpose of tender and quotation of work by respondents.

2. To grant such other reliefs this Hon'ble Court deems fit."

The challenge is against Exhibits P7 and P8 notices. Ext P7 is an

e-tender notice. No interim order is passed in this case. Probably the

prayers might have become infructuous. Therefore, the writ petition

need not be retained further. The writ petition is, therefore, closed.

sd/-

P.V.Kunhikrishnan, Judge

sj22/5/24 APPENDIX OF WP(C) 41155/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMPLAINT GIVEN TO THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE QUOTATION NOTICE DATED 07- 09-2017 ISSUED BY 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE QUOTATION NOTICE DATED 20- 09-2017 ISSUED BY KOTTARAKKARA MUNICIPALITY.

EXHIBIT P4 TRUE COPY OF THE DECISION NO.20 OF KOTTARAKKARA MUNICIPAL COUNCIL DATED 11-10- 2017.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)34626/2017 DATED 28-11-2017.

EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER PASSED IN WP(C)34626/2017 DATED 07-11-2017.

EXHIBIT P7 TRUE COPY OF THE QUOTATION DATED 05-12-2017 ISSUED BY KOTTARAKKARA MUNICIPALITY.

EXHIBIT P8 A TRUE COPY OF THE DETAILS RELATING THE WORKS PUBLISHED IN THE SITE BY RESPONDENTS.