Dismissed
Saji Agro Food Industries v. Kerala State Civil Supplies Corpn. Ltd.
Kerala HCWP(C)/2199/2007
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937
WP(C).No. 2199 of 2007 (J)
PETITIONER(S):
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M/S.SAJ AGRO FOOD INDUSTRIES, REPRESENTED BY ITS MANAGING PARTNER, MR.AJAY KUMAR, KINFRA PARK, NELLAD, MUVATTUPUZHA.
BY ADV. SRI.ZAKEER HUSSAIN
RESPONDENT(S):
1. KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, GANDHI NAGAR, COCHIN - 682 020.
2. THE MANAGING DIRECTOR, THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, GANDHI NAGAR, COCHIN - 682 020.
3. THE ADDITIONAL GENERAL MANAGER (MARKETING), THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, GANDHI NAGAR, COCHIN - 682 020.
BY ADVS. SRI N.D.PREMACHANDRAN, SC SRI.S.SHARAN (ADV. COMMISSIONER)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
None appears for the petitioner.
The above writ petition is dismissed as infructuous.
20.-07-2015 SD/- K.VINOD CHANDRAN, JUDGE //TRUE COPY//
P.S. TO JUDGE
msv/
THOTTATHIL B. RADHAKRISHNAN, J.
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WP(C).No.2199 OF 2007-J
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Dated this the 15th day of February, 2007.
O R D E R
This matter is mentioned today by the learned counsel for parties on either side. Advocate Commissioner is also present.
WP(C)2199/07 -: 2 :-
not readily available in the open market.
a. It is sufficient that the trial run of the mill commences by 1 p.m. to 1.30 p.m. today.
b. The product need not be packed.
c. The en-product can be examined by the Civil Supplies Corporation.
d. The Advocate Commissioner will take note of the work memo that has been served by the learned standing counsel for the Civil Supplies Corporation and also send such samples, as may be required, for examination by the Public Analyst as regards the quality content of the product.
e. The officer/inspector who will accompany the Commissioner from the Office of the Factories and Boilers Department will make an inspection of the machinery to ascertain whether the mill has the
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capacity and facility to pack the en-product in polythene packets and whether such facility is in a functioning state. The said officer will also take note of the fact that the requirement is of 1000 MT a month. The opinion of the said officer will also form part of the report of the Advocate Commissioner.
Hand over copy of this order to counsel for both parties and also to the learned standing counsel for the FCI immediately.
Sha/-
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
WP(C)2199/07
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This matter relates to a contract of the Civil Supplies Corporation.
WP(C)2199/07 -: 5 :-
period of time granted by the Civil Supplies Corporation. He has also placed Ext.P5 whereby he intends to evidence that the work of installation of the roller flour mill and its commissioning has been completed after a trial run on 4-12007, a day before the time granted by the Civil Supplies Corporation was to expire.
unit into a roller flour mill unit, acting on Ext.P2. It was, obviously, therefore that this Court, while admitting this writ petition, granted an interim order on 18-1-2007 directing a fresh inspection to be conducted by the Civil Supplies Corporation and a report to be filed before this Court. The parties were left with liberty to go ahead with the new tender
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procedures, however, that no allotment was to be made on the basis of the fresh tender.
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incompetent to assess the capabilities of a roller flour mill unit.
i. The Food Corporation of India shall issue to the petitioner one tonne of wheat from the depot nearest to the petitioner's unit, against
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payment, on production of a copy of this order.
ii. The petitioner shall utilise that wheat to conduct a trial run of the unit to commence at 12 noon tomorrow, the 15th February, 2007.
iii. At the time of trial run, one of the officers of the Civil Supplies Corporation shall be present.
iv. The Senior Joint Director of Factories and Boilers, Kakkanad will depute a competent officer/inspector to supervise the trial run.
v. Adv.Sri.S.Sharan is appointed as Commissioner, who will also be present. He will file a report in consultation with the officer deputed by the Senior Joint Director of Factories and Boilers and such report shall be placed before this Court by 3.30 p.m. tomorrow. The petitioner will pay an amount of Rs.10,000/- as batta to the Commissioner directly.
vi. The parties will be entitled to request the Commissioner to note down such further details as may be sought for in the form of work memos.
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This order is passed without prejudice to the contentions.
Post tomorrow at 3.30 p.m.
Hand over copy of this order to counsel for both parties and also to the learned standing counsel for the FCI, today iteself.
Sha/-
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
M/S.SAJ AGRO FOOD INDUSTRIES
KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
K.VINOD CHANDRAN
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
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