Adimaly Labour Contract Co-Operative Society Ltd. v. State of Kerala

Kerala HC3 Jan 2018WP(C)/23063/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the tender award to the fourth respondent arguing against the legality of the selection despite offering the lowest rates. The single-judge court, finding that the work had been completed by the fourth respondent, dismissed the writ petition by holding that the appropriate remedy for the petitioner is a civil suit for damages.

What did the court decide?

The writ petition is closed; liberty is granted to the petitioner to approach the civil court for damages. All questions of law and fact are left open.

Adimaly Labour Contract Co-Operative Society… — Contract and Commercial Disputes | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 3RD DAY OF JANUARY 2018 / 13TH POUSHA, 1939

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WP(C).No. 23063 of 2017

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PETITIONER(S)

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ADIMALY LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD. NO. 1-682, ADIMALY P.O., DEVIKULAM TALUK, IDUKKI DISTRICT, REPRESENTED BY ITS PRESIDENT SRI. T.S.SIDDIQUE, AGED 44 YEARS, S/O SAINUDEEN, THEKKUMCHERIL HOUSE, MANNAMKANDM VILLAGE, ADIMALY, IDUKKI DISTRICT.

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BY ADV.SRI.S.JIJI

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF ANIMAL HOUSBANDRY, SECRETARIAT, THIRUVANANTHAPURAM, STATUE P.O., 695 001.

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2. THE MANAGING DIRECTOR, KERALA LIVESTOCK DEVELOPMENT BOARD LTD., HEAD OFFICE, GOKULAM, PATTOM P.O., THIRUVANANTHAPURAM-695 004.

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3. JOINT SECRETARY TO THE GOVERNMENT DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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4. A.S BINU, CONTRACTOR, ARACKAL HOUSE, VARAPPETTY P.O., KOTHAMANGALAM, ERNAKULAM DIST-686 691.

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R1&R3 BY GOVERNMENT PLEADER SRI. SANTHOSH PETER R2 BY ADV. SRI.MILLU DANDAPANI,SC,K.F.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 23063 of 2017 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 16-12-2015.
EXHIBIT P2	TRUE COPY OF THE ORDER OF THE REGISTRAR CO-OPERATIVE SOCIETIES DATED 14-3-2016.
EXHIBIT P3	TRUE COPY OF THE PER GO MS 135/97/CO-OP. DATED 13-11-1997.
EXHIBIT P4	TRUE COPY OF THE ORDER 31/16/CO-OP DATED 29-6-2016.
EXHIBIT P5	TRUE COPY OF THE TENDER ADVERTISEMENT DATED 24.4.17
EXHIBIT P6	TRUE COPY OF THE QUOTATION OFFERED BY THE PETITIONER.
EXHIBIT P7	TRUE COPY OF THE LIST OF QUOTATIONS RECEIVED IN THE ABOVE WORK.
EXHIBIT P8	TRUE COPY OF THE TENDER REJECTION INTIMATION DATED 1-7-2017.
EXHIBIT P9	TRUE COPY OF THE LETTER AWARDING THE WORK TO THE 4TH RESPONDENT DATED 1-7-2017.
EXHIBIT P10	TRUE COPY OF THE NOTICE CE/1019/2017/1954 DATED 22.06.2017
RESPONDENT(S)'	EXHIBITS NIL
	/TRUE COPY/

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PA TO JUDGE

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PBS

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SHAJI P. CHALY, J.

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W.P.(C) No.23063 of 2017

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Dated this the 3^rd day of January, 2018

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J U D G M E N T

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This writ petition is filed by the petitioner seeking the following reliefs:

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(i) Call for the records leading to the rejection of the petitioner's quotation by the 2^nd respondent and awarding the tender to the 4^th respondent and issue a writ of certiorari or any other writ, order or direction quashing the award of contract No.CE 40/2017 construction of water tank at Mattuppetty to the 4^th respondent as per Ext.P9.

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(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to award the work No.CE 40/2017 construction of water tank at Mattuppetty to the petitioner, as petitioner offered the lowest rates as per the norms and preferential claims in government orders

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W.P.(C) No. 23063 of 2017

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(iii) Issue such other writ or direction which this

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Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.

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Apparently petitioner participated in the tender proceeding. The bid of the petitioner was not accepted and bid of the 4^th respondent was accepted. According to the petitioner, the acceptance of the bid of the 4^th respondent is not in accordance with law and it is thus aggrieved by the award of bid in favour of the 4^th respondent, this writ petition is filed.

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I have heard learned counsel for the petitioner, learned Government Pleader, learned senior counsel appearing for the 4^th respondent and perused the pleadings and the documents on record.

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Learned counsel for petitioner reiterated the contentions raised in the writ petition. However, learned senior counsel for 4^th respondent submitted that, the work was awarded to the 4^th respondent, agreement was executed

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W.P.(C) No. 23063 of 2017

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and the work is also complete. Moreover, a detailed counter affidavit is also filed by the 4^th respondent to the aforesaid effect. If the petitioner is aggrieved, remedy is available to the petitioner by filing a civil suit seeking damages. I do not think, petitioner is entitled to get any relief as is sought for in the writ petition.

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Therefore, the writ petition is closed, leaving open the liberty of the petitioner to approach the civil court seeking any damages in accordance with law. All questions of facts and law raised in this writ petition are left open.

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Sd/- SHAJI P. CHALY JUDGE

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smv 3.1.2018

Adimaly Labour Contract Co-Operative Society Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Adimaly Labour Contract Co-Operative Society Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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