Petitioner challenged tender rejection for vehicle parking rights at Trivandrum Airport. Court observed that the tender period for relevant terminals was expiring by December 2019 and closed the writ petition leaving contentions open.
None; writ petition closed without adjudicating merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 17TH DAY OF OCTOBER 2019 / 25TH ASWINA, 1941
WP(C).No.13520 OF 2018(L)
PETITIONER:
CENTURY SERVICES
501/502, 53, MAHARISHI KARVE ROAD,MUMBAI-400002, REPRESENTED BY ITS PROPRIETOR, MR. YEZDI DINSHAW PATEL.
BY ADVS. SRI.G.SHRIKUMAR (SR.) SRI.ANESH PAUL SRI.V.M.SYAM KUMAR
RESPONDENTS:
1 AIRPORT AUTHORITY OF INDIA RAJIV GANDHI BHAVAN, SAFDARJUNG AIRPORT,NEW DELHI110003, REPRESENTED BY ITS CHAIRMAN.
4 M/S ANJANEYA ENTERPRISES 142, BANARJEE LAYOUT, BHAGVAN NAGAR,BEHIND MSEB OFFICE, NAGPUR, MAHARASHTRA.
5 DIRECTOR TRIVANDRUM AIR PORT, TRIVANDRUM, PIN-695008.
ADDL M/S.SUSHILA TRADING CORPORATION R6 C-15, DOLPHIN GARDEN BUILDING, POONAM SAGAR COMPLEX, MIRA ROAD (E), THANE, MAHARASHTRA-401107.
ADDL R6 IS IMPLEADED AS PER ORDER DATED 29.06.18 IN IA NO.10611/18.
R1, R2 & R5 BY ADV. SRI.V.SANTHARAM, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13520 OF 2018(L)
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W.P.(C) No.13520 of 2018
J U D G M E N T
The petitioner has participated in the tender processes for grant of vehicle parking management rights at the domestic and international terminals of Thiruvananthapuram Airport. The tenders submitted by the petitioner were rejected and the rights were awarded to other tenderers. The decisions of the Airport Authority of India in rejecting the tenders submitted by the petitioner are under challenge in the writ petition.
2 . When the matter was taken up, it was pointed out by the learned counsel for the parties that the period for which the rights were tendered in respect of the International Terminal is already over and in respect of the domestic terminal is likely to be over by December, 2019.
In the circumstances, I am of the view that the writ petition can be closed leaving open the contentions of the petitioner. Ordered accordingly.
Sd/-
P.B.SURESH KUMAR
Mn
JUDGE
WP(C).No.13520 OF 2018(L)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE GOVERNMENT STORE PURCHASE ENLISTMENT CERTIFICATE DTD.14.06.2017 ISSUED TO THE PETITIONER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE RELEVANT PAGES OF THE E- BIDDING DOCUMENT BEARING WITH RESPECT TO THE INTERNATIONAL TERMINAL AT TRIVANDRUM AIRPORT. |
| EXHIBIT P3 | TRUE COPY OF THE RELEVANT PAGES OF THE E- BIDDING DOCUMENT WITH RESPECT TO THE DOMESTIC TERMINAL AT TRIVANDRUM. |
| EXHIBIT P4 | TRUE COPY OF THE E-MAIL DTD.22.03.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE ARBITRATION NOTICE DTD.03.10.2016 ISSUED BY THE 1ST RESPONDENT APPOINTING THE ARBITRATOR. |
| EXHIBIT P6 | TRUE COPY OF THE LETTER DATED 10.10.2016 ISSUED BUY THE ARBITRATOR. |
| EXHIBIT P7 | TRUE COPY OF THE REPORT OF THE DELIBERATION BETWEEN THE 1ST RESPONDENT AND THE PETITIONER. |
| EXHIBIT P8 | TRUE COPY OF THE EA TENDER DOCUMENT NO. AAI/AU/COMML/VPR/2017 WITH RESPECT OF AURANGABAD AIRPORT. |
| EXHIBIT P9 | TRUE COPY OF THE LETTER DATED 10/01/2018 BEARING NUMBER NSIC/GP/MUM/C-222/2017-18 ISSUED BY THE NATIONAL SMALL INDUSTRIES CORPORATION TO THE 1ST RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE LETTER DTD.14.10.2011 ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, NEW DELHI. |
| EXHIBIT P11 | TRUE COPY OF THE ORDER DTD. 23.11.2012 BEARING NUMBER S.O 581(E) ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, NEW DELHI. |
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EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 28.03.2018 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN OF THE 1ST RESPONDENT. EXHIBIT P13 COPY OF THE LETTER DTD. 10.04.2018 BEARING NO.AAT/COM/9(60)/2018/131 ISSUED FOR THE AIRPORT DIRECTOR OF THE AIRPORTS AUTHORITY OF INDIA. EXHIBIT P14 COPY OF THE LETTER DTD.02.05.2018 BEARING NO.AAT/COM/9(60-A)/2011/176 ISSUED FOR THE AIR PORT DIRECTOR OF THE AIRPORTS AUTHORITY OF INDIA EXHIBIT P15 COPY OF THE TENDER SUMMARY REPORT FROM THE GOVERNMENT E-PROCUREMENT SYSTEM. EXHIBIT P16 COPY OF THE STORE DETAILS CERTIFICATE ISSUED BY THE NATIONAL SMALL INDUSTRIES CORPORATION LTD. EXHIBIT P17 COPY OF THE LETTER DATED 10/01/2018 BEARING NO. NSIC/GP/MUM/C-222/2017-18 ISSUED BY THE NATIONAL SMALL INDUSTRIES CORPORATION LTD. TO THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R5(A) TRUE COPIES OF THE CORRIGENDUM FOR AMENDMENTS AND ADDITIONS IN NIT FOR DOMESTIC TERMINAL ALONG WITH CORRIGENDUM FOR EXTENSION OF DATE. EXHIBIT R5(B) TRUE COPIES OF THE CORRIGENDUM FOR AMENDMENT AND ADDITIONS IN NIT FOR INTERNATIONAL TERMINAL ALONG WITH CORRIGENDUM FOR EXTENSION OF DATE. EXHIBIT R5(C) TRUE COPY OF THE AWARD LETTER DATED 10/04/2018 ISSUED TO M/S. SUSHILA TRADING CORPORATION. EXHIBIT R5(D) TRUE COPY OF THE LICENSE AGREEMENT DATED 01/05/2018 EXECUTED BETWEEN THE AIRPORTS AUTHORITY OF INDIA AND M/S. SUSHILA TRADING CORPORATION. EXHIBIT R5(E) TRUE COPY OF THE AWARD LETTER AAT/COM/9(60A)/2011/176 DATED 02/05/2018. EXHIBIT R5(F) TRUE COPY OF THE DECLARATION GIVEN BY THE
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| PETITIONER. | |
|---|---|
| EXHIBIT R5(G) | TRUE COPY OF THE WEB PAGE OF THE AIRPORTS AUTHORITY OF INDIA. |
| EXHIBIT R5(H) | TRUE COPY OF THE E-MAIL DATED 14/06/2017. |
| EXHIBIT R5(I) | TRUE COPY OF THE E-MAIL DATED 01/02/2018. |
| EXHIBIT R5(J) | TRUE COPY OF THE E-MAIL DATED 07/02/2018 SENT BY AIRPORTS AUTHORITY OF INDIA, GOA AIRPORT. |
| EXHIBIT R5(K) | TRUE COPY OF THE E-MAIL DATED 15/02/2018 SENT BY AAI, TRIVANDRUM. |
| EXHIBIT R4(L) | TRUE COPY OF THE REPLY E-MAIL DATED 15/02/2018 SENT FROM AAI, GOA. |
| EXHIBIT R5(M) | TRUE COPY OF THE E-MAIL DATED 16/02/2018 SENT BY CORPORATE HEADQUARTERS AT NEW DELHI. |
| EXHIBIT R5(N) | TRUE COPY OF THE POLICY DATED 26/08/2015. |
| EXHIBIT R5(O) | TRUE COPY OF THE POLICY DATED 24/10/2016/03/11/2016. |
| EXHIBIT R5(P) | TRUE COPY OF THE TECHNICAL DOCUMENTS |
| SUBMITTED IN THE NAME OF M/S. SUSHILA TRADING CORPORATION. |
CENTURY SERVICES
AIRPORT AUTHORITY OF INDIA
SENIOR MANAGER (COMMERCIAL) TRIVANDRUM AIR PORT
M/S S.S. ENTERPRISES
P.B.SURESH KUMAR
As recorded by the court registry
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