Allowed

Sivadasan v. the Director Health Service and Others

Kerala HC2 Dec 2011WP(C)/15142/2010

Case brief

AI extract

What is this about?

Petitioner claimed outstanding dues for supplies tendered at rates higher than bureau rates. Court held that once a tender is accepted, the supplier is entitled to payment regardless of government's loss, directing respondent to assess the amount due. Government may recover losses from responsible officers separately.

What did the court decide?

Directed the 3rd respondent to assess the amount due within two weeks, obtain necessary permission, and disburse the payment within two weeks thereafter.

Sivadasan Vs the Director Health Service and… — Public Procurement and Tenders | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933

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WP(C).No. 15142 of 2010(P)

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PETITIONER :

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-------------------

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SIVADASAN, S/O.KUNJUNNI, AGED 45 YEARS, VAYALANGATTIL HOUSE, ARAKKURISSI, MANNARKKAD, PALAKKAD.

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BY ADV. SRI.JACOB SEBASTIAN

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RESPONDENTS :

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------------------------

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1. THE DIRECTOR HEALTH SERVICES, THIRUVANANTHAPURAM.

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2. THE DISTRICT MEDICAL OFFICER (HEALTH), PALAKKAD.

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3. THE SUPERINTENDENT, GOVERNMENT HOSPITAL, MANNARKKAD.

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SENIOR GOVERNMENT PLEADER SRI. JOSEPH GEORGE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DSV/-

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WP(C).No. 15142 of 2010(P)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	:	COPY OF THE PROCEEDINGS DATED 07.05.2004 OF THE 2ND RESPONDENT
EXHIBIT P2	:	COPY OF THE REPRESENTATION DATED 09.11.2005 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P3	:	COPY OF THE PROCEEDINGS DATED 13.06.2006 OF THE 2ND RESPONDENT.
EXHIBIT P4	:	COPY OF THE LETTER DATED 01.06.2007.
EXHIBIT P5	:	COPY OF THE QUERY DATED 24.03.2008 SUBMITTED BY THE PETITIONER.
EXHIBIT P6	:	COPY OF THE COMMUNICATION DATED 21.04.2008 OF THE OFFICE OF THE 1ST RESPONDENT.
EXHIBIT P7	:	COPY OF THE PROCEEDINGS DATED 05.05.2008 OF THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R2(A) : COPY OF THE STATEMENT OF DIETARY ARTICLES SUPPLIED DURING 2003-04 & PAYMENT.

/TRUE COPY/

P.A. TO JUDGE

DSV/-

ANTONY DOMINIC, J.

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W.P.(C) No. 15142 OF 2010

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Dated this the 2^nd day of December, 2011

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J U D G M E N T

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For the period 2003-2004, the 3^rd respondent invited tender for supply of dietary and allied articles in the General Hospital , Mannarkad. Petitioner submitted his tender and he was the successful tenderer who had quoted 15% above the Bureau rates. The tender was accepted by the 3^rd respondent and on that basis supplies were also effected. However petitioner was paid only at the bureau rates and not at the quoted rates. In this writ petition he contends that about Rs.50,000/- is due towards the difference between the quoted rates and the Bureau rates. It is complaining of non payment of the said amount this writ petition has been filed.

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Counter affidavit has been filed by the 2^nd respondent where the payment at Bureau rates has been

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W.P.(C) No. 15142 OF 2010

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:2 :

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admitted. However as already stated the rates quoted by the petitioner was duly accepted by the respondents and on that basis the supplies were also effected.

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Once tenders are invited and the same has been accepted by the competent authorities the tenderer is entitled to be paid the dues. By acceptance of such tenders, if any loss has been occurred on account of any negligence of the officers it is open to the Government to recover the said amount from the persons responsible for such loss, but that is no reason to avoid payments for the supply made.

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Therefore I direct the 3^rd respondent to assess the amount that is due to the petitioner. Such assessment shall be done within two weeks from the date of receipt of a copy of this judgment. Thereafter necessary permission shall be obtained from the first respondent and on that basis the amount due to the petitioner shall be disbursed

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W.P.(C) No. 15142 OF 2010

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:3 :

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within two weeks thereafter.

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The writ petition is disposed of accordingly.

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Sd/- ANTONY DOMINIC, JUDGE

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ul/[true copy]

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P.S. to Judge

Sivadasan v. the Director Health Service and Others

Case brief

What is this about?

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Sivadasan v. the Director Health Service and Others

Case brief

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