Petitioner condemned a tender cancellation and sought court direction to finalize the process. Court found Panchayat's decision to re-tender was valid due to suspected collusion and dismissed the writ petition as devoid of merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 12TH DAY OF JULY 2017/21ST ASHADHA, 1939
WP(C).No. 12055 of 2017 (F) ----------------------------
PETITIONER:
R.VISWANATHAN, S/O.RAGHAVAN, VARUTHUNDI VEEDU, NEELESWARAM.P.O, KOTTARAKKARA KOLLAM DISTRICT BY ADV. SRI.B.MOHANLAL
RESPONDENT(S): -------------1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001 2. THE NEDUVATHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY NEDUVATHOOR.P.O., KOTTARAKKARA, KOLLAM-691531 3. THE NEDUVATHOOR GRAMA PANCHAYATH COMMITTEE REPRESENTED BY ITS PRESIDENT NEDUVATHOOR.P.O. KOTTARAKKARA. KOLLAM-691531 4. THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT SECTION NEDUVATHOOR GRAMA PANCHAYATH, NEELESWARAM.P.O. KOTTARAKKARA KOLLAM-691506 * ADDL R5 IMPLEADED 5. SRI N. RAJAN, CONTRACTOR, KIZHAKKEPARAVLLA VEEDU, EZHUKONE PO, KOLLAM. * ADDL R5 IMPLEADED AS PER ORDER DATED 11/7/2017 IN IA NO 8290/2017. R2-R4 BY ADV. SRI.K.V.ANIL KUMAR R5 BY ADV. SRI.H.PRAVEEN (KOTTARAKARA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 12055 of 2017 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
| ------------- EXHIBIT P1 |
---------- THE TRUE COPY OF THE NOTICE INVITING TENDER NO. 5/2017/AE/LSGD/NDVR DATED 22.3.2017 ISSUED BY THE 3RD RESPONDENT |
|---|---|
| EXHIBIT P2 |
THE TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER |
| EXCHIBIT P3 |
TRUE COPY OF THE TENDER NOTIFICATION NO 6/2016/AE/LSGD/NDVR DATED 21/4/2017 ISSUED IN DESABHIMANI DAILY DATED 21/4/2017. |
| RESPONDENT(S) ------------- |
' EXHIBITS ---------- |
| R2(A) |
A TRUE COPY OF THE TENDER FROM SUBMITTED BY THE PETITIONER IN THE PROJECT NO 233/17. |
| R2(B) |
A TRUE COPY OF THE TENDER FROM SUBMITTED BY THE OTHER TENDERER IN THE PROJECT NO 233/17. |
| R2(C) |
A TRUE COPY OF THE DECISION NO 1(1) OF THE MEETING HELD ON 30.3.2017. |
| R2(D) | TRUE COPY OF RE-TENDER NOTIFICATION DATED 21/4/17. |
| R2(E) |
TRUE COPY OF THE TENDER FROM OF THE SR.RAJAN IN THE PROJECT NO 232/17 |
| R2(F) |
TRUE COPY OF THE TENDER FROM OF THE SR.RAJAN IN THE PROJECT NO 23/17. |
| R2(G) |
TRUE COPY OF THE TENDER FROM OF THE SR. PAVANAN IN THE PROJECT NO 232/17. |
| R2(H) |
TRUE COPY OF THE DECISIO0N DATED 29/4/2017 SR.PAVANAN IN THE PROJECT NO 233/17 |
| R2(I) | TRUE COPY OF THE DECISION DATED 29/4/2017 |
| R2(J) |
TRUE COPY OF THE AGREEMENT DATED 4.5.2017 IN THE PROJECT NO 232/17. |
| R2(K) |
TRUE COPY OF THE AGREEMENT DATED 4.5.2017 QIN THE PROJECT NO 233/17. |
/TRUE COPY/
P.S.TO JUDGE
K.V.
P.B.SURESH KUMAR, J.
W.P.(C) No.12055 of 2017
Dated 12th July, 2017.
J U D G M E N T
The petitioner is a contractor. The third respondent Grama Panchayat has invited tenders for execution of two civil works. Ext.P1 is the invitation. The petitioner and the additional fifth respondent participated in Ext.P1 tender process. For work No.1 referred to in Ext.P1, the petitioner as also the additional fifth respondent quoted the estimate rate and for work No.2, the petitioner quoted 0.99% below the estimate rate the additional fifth respondent quoted 1% below the estimate rate. The Panchayat, however, cancelled the said tender process and invited tenders afresh for the very same works. Ext.P3 is the notice inviting fresh tenders. According to the petitioner, Ext.P3 invitation is vitiated by mala fides as the same is issued with a view to award both the works to the
WPC No.12055 of 2017
2
additional fifth respondent, as the Panchayat cannot otherwise do so, in the light of the lower tender submitted by the petitioner in respect of work No.2. It is alleged by the petitioner that both the works have been awarded by the Panchayat to the additional additional fifth respondent as planned in the retender. The petitioner therefore, seeks directions to the Panchayat to finalise the tender process pursuant to Ext.P1 invitation.
WPC No.12055 of 2017
3
learned counsel for the Panchayat as also the learned counsel for the additional additional fifth respondent.
on 30.3.2017 pertaining to the bids received pursuant to Ext.P1 invitation. The relevant portion of Ext.R2(c) reads thus :
“dÉØáÄáÄ æ¿IùáµZ ÉøßçÖÞÇߺîÄßW ÎÄßÏÞÏ ÎrøØbÍÞÕ¢ ©IÞÏßGßÜïÞæÏKáU µÞøc¢ ÉFÞÏJí µNßxßAí çÌÞÇcæMGá.åÎdÄÕáÎÜï çµÞYd¿Þµí¿VÎÞV ÄNßW ÇÞøà ©IÞÏßGáæIKí Ø¢ÖÏ¢ ¼ÈßMßAJA ÄøJßÜÞÃí æ¿IV ÕKßGáæIKí dÉØßÁaí ²ÝßæµÏáU ®ÜïÞ ¥¢·B{ᢠ¥ÍßdÉÞÏæMGá.å¦ÏÄßÈÞW dÉØñáÄ ÕVAáµZ ùàæ¿IV æºÏîáKÄßÈí dÉØßÁaßæa ÕßçÏÞ¼ÈçJÞæ¿ ÄàøáÎÞÈߺîá.ådÉØñáÄ ÄàøáÎÞÈ¢ È¿MßÜÞAáKÄßÈí ÈßVÕÙà ©çÆcÞ·ØíÅÈÞÏ ®W.®Øí.¼ß.Áß. ¥ØßØíxaí ®X¼àÈßÏæù ºáÎÄÜæM¿áJß ÄàøáÎÞÈߺîá. ”
When an awarder feels that the participants in a tender process have colluded and competitive offers have consequently not come for execution of works, it is always open to the awarder to invite fresh bids. In the said view of the matter, according to me, there is nothing wrong in Ext.R2(c)
WPC No.12055 of 2017
4
decision taken by the Panchayat. It is all the more so since Ext.R2(c) is a decision unanimously taken by all the members of the Panchayat Committee except its President.
The writ petition, in the circumstances, is devoid of merits and the same is, accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs
(true copy)
2 issues framed by the court
Whether the cancellation of the first tender and re-invitation was mala fide aimed at awarding contracts to a specific respondent.
Whether the decision to re-tender was valid in view of suspected collusion between the petitioner and the additional fifth respondent.
R.VISWANATHAN
STATE OF KERALA
THE NEDUVATHOOR GRAMA PANCHAYATH
THE NEDUVATHOOR GRAMA PANCHAYATH COMMITTEE
SRI N. RAJAN
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
