Kerala High Court
Ramshad vs State Of Kerala on 6 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:67832
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 31626 OF 2024
PETITIONERS:
1 RAMSHAD
AGED 29 YEARS
S/O. ALAVI.P., POOVATHINGAL, THANDUCODE,
VELLAYUR P.O., MALAPPURAM, PIN - 679327
2 SULFEEKKAR ALI.P.P.
AGED 43 YEARS
S/O. HUSSAIN, PUTHENPEEDIKA, ANCHACHAVADI.P.O.,
MALAPPURAM, PIN - 676525
3 MOHAMMED SANOOB
AGED 32 YEARS
S/O. ABDUL MAJEED, VELLUVAMPALI, VELLAYUR POST,
MALAPPURAM, PIN - 679327
4 N. ABDUL MAJEED
AGED 68 YEARS
S/O. MOIDEEN, NEELANGODAN HOUSE, POONGODE.P.O.,
MALAPPURAM, PIN - 679327
5 AMEER FAISAL.P.
AGED 38 YEARS
S/O. MOHAMMED ALI, PARAVATH HOUSE, CHERUKUMABU,
VATTALLUR POST, MALAPPURAM, PIN - 676507
6 AFTHAB YOGIAN
AGED 41 YEARS
S/O. HAMZA YOGIAN, YOGIAN HOUSE, KODOOR.P.O.,
MALAPPURAM, PIN - 676504
7 ABDUL RASHEED N
AGED 54 YEARS
S/O. ABDUL RAHMAN, PALLIYALIL HOUSE, ALATHOORPADI,
MELMURI, MALAPPURAM DISTRICT, PIN - 676517
BY ADV E.C.AHAMED FAZIL
W.P.(C)No.31626 of 2024
2024:KER:67832
2
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIATE, THIRUVANANTHAPURAM,
PIN - 695001
2 KALIKAVU GRAMA PANCHAYATH
KALIKAVIU GRAMA PANCHAYATH OFFICE, KALIKAVU,
MALAPPURAM DISTRICT , REPRESENTED BY ITS SECRETARY,
PIN - 676525
3 THE SECRETARY, KALIKAVU GRAMA PANCHAYATH
KALIKAVIU GRAMA PANCHAYATH OFFICE, KALIKAVU,
MALAPPURAM DISTRICT, PIN - 676525
4 THE ASSISTANT ENGINEER (LID AND EW)
KALIKAVU GRAMA PANCHAYATH, KALIKAVIU GRAMA PANCHAYATH
OFFICE, KALIKAVU, MALAPPURAM DISTRICT, PIN - 676525
BY ADVS.
SUNILKUMAR KURIAKOSE, SR. GOVERNMENT PLEADER
EBIN MATHEW SC FOR PANCHAYATH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.31626 of 2024
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3
JUDGMENT
Dated this the 06th day of September, 2024
The petitioners are civil contractors having
registration with the Public Works Department.
They are aggrieved by the proposal by the Kalikavu
Grama Panchayath to entrust civil works with
Project Management Consultancies, as per Ext.P1.
2. The learned Counsel for the petitioners
submitted that, entrustment of civil works of the
Panchayath with the Project Management
Consultancies would result in civil contractors like the
petitioners, with experience, being excluded. It is
submitted that the Project Management Consultancies
will entrust those works to the petitioners. The
onerous conditions imposed by those agencies make
it extremely difficult for the petitioners to qualify for
the works. Ext.P3 is projected as example of such
onerous conditions. According to the learned Counsel,
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it will be in the interest of all concerned to entrust the
works to the petitioners through a transparent tender
process, rather than doing it in a circuitous manner by
initially awarding the contract to Project Management
Consultancies, who in turn, will have to engage the
petitioners for those works.
3. The learned Standing Counsel for the
Panchayath submitted that the issue was considered
and the challenge repelled by the Division Bench as
per the judgment in Writ Appeal No.1117/2017. It is
submitted that as against Ext.P3, petitioners 2, 3 and
4, along with others, had filed W.P.(C.) No.6613/2023
and that writ petition was also dismissed. It is
submitted that almost 300 works are to be carried out
this year and if the works are awarded to civil
contractors directly, each work will have to be
supervised by the Panchayath's overseer. The two
overseers of the Panchayath are now under orders of
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transfer and only one person has been appointed in
their place. Moreover, entrustment of the works with
the Project Management Consultancies will ensure
that the quality of the work does not suffer, as the
agencies will engage only experienced civil
contractors to ensure that the conditions of
entrustment are scrupulously followed.
4. In spite of the assertive submissions of the
learned Counsel for the petitioners, I find no reason to
interfere with Ext.P1, since the decision to entrust the
works to the Project Management Consultancies is
within the policy domain of the Panchayath. For this
Court to interfere with policy decisions, the decision
should be tainted with arbitrariness, discrimination or
favoritism. None of these factors are attracted, as far
as Ext.P1 is concerned. Moreover, this Court is bound
by the decisions of the Division Bench, wherein it is
held that, even though quality is the hallmark of
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Article 14, when tenders are invited, it is for the State
to prescribe the qualifying norms, and right exercise
of that right, the State can confine eligibility to the
accredited contractors.
For the aforementioned reasons, the writ
petition is dismissed.
Sd/-
V.G.ARUN
JUDGE
NB/6-9
2024:KER:67832
APPENDIX OF WP(C) 31626/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE DATED 31.8.2024
HAVING NO.AE/KKV/TN/PMC/01/2024-25 ISSUED BY
THE ASSISTANT ENGINEER, LID AND EW SECTION,
KALIKAVU GRAMA PANCHAYAT
EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE MEETING OF
KALIKAVU PANCHAYAT DATED 30.7.2024
EXHIBIT P3 TRUE COPY OF THE TENDER NOTICE NO.FIT/CP-
49/2022-23 DATED 17.2.2023 ISSUED BY THE FOREST
INDUSTRIES (TRAVANCORE)
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER HAVING NO.
GO(P) NO. 408/2007/FIN DATED 07.09.2007 ISSUED
BY THE SECRETARY, FINANCE EXPENDITURE,
GOVERNMENT OF KERALA ALONG WITH ITS ANNEXURE
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER HAVING GO (P)
NO. 67/2021/FIN DATED 28.04.2021 ISSUED BY THE
ADDITIONAL CHIEF SECRETARY (FINANCE),
GOVERNMENT OF KERALA
EXHIBIT P6 TRUE COPY OF GOVERNMENT ORDER HAVING GOP NO.
104/2022/FIN DATED 02.09.2022 ISSUED BY THE
ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF
FINANCE ALONG WITH ITS ANNEXURE
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
