High Court of Kerala held the writ petition infructuous as second tender was also cancelled. Ordered release of earnest money deposited by petitioner within one month.
Release of deposited earnest money within one month from date of receipt of judgment.
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 SHAJI P.CHALY
THURSDAY, THE 18TH DAY OF JULY 2019 / 27TH ASHADHA, 1941
WP(C).No.16002 of 2019
PETITIONER/S:
PUSHPARAJ.N@PUSHPAN SANTHITHEERAM, AGED 38 YEARS, S/O. BALACHANDRAN, NHALIL HOUSE, CHUDUVALATHOOR, SHORANUR P.O, PALAKKAD DISTRICT, PIN-679 021
BY ADV. SRI.T.M.RAMAN KARTHA
RESPONDENT/S:
1 SHORANUR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, SHORANUR, PIN-679 021
2 SECRETARY, SHORANUR MUNICIPALITY, MUNICIPAL OFFICE, SHORANUR, PIN-679 021
3 VINOD KUMAR C.M. CHATHAMKULAM HOUSE, THOZHUPADAM P.O, CHELAKKARA, PIN-679 531
BY ADV. SRI.P.P.THAJUDEEN, SC, SHORNUR MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16002 of 2019 2
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:-
“i. Issue a writ of certiorari calling for the records of Exhibit P3 notification and quash the same;
ii. Issue a writ of mandamus or an order in its nature directing respondents 1 an 2 to accept the highest bid offered by the petitioner in the tender proceedings held
on 6.3.2019 and appoint him as the Licensee to run the public crematorium at Shornur, at the earliest, within a time limit to be specified by this Hon'ble court; and
iii. Pass such other orders which are deemed to be just and reasonable in the facts and circumstances of this case.”
the petitioner, petitioner has made the highest bid, however, the said tender invited was canceled and subsequently, yet another tender was invited.
WP(C).No.16002 of 2019 3
cannot be sustained under law. Anyhow, a detailed deliberation and adjudication of the matter is not required, since as per the counter affidavit filed by the 2nd respondent, it is categoric and clear that, the second tender is also canceled by the 1st and 2nd respondents.
considered opinion that there is nothing pending for consideration on merits of the issue raised by the petitioner.
money on account of the 1st tender invited and if
there are no legal impediments standing in the way, the same shall be released to the petitioner at the earliest and at any rate, within one month from the date of receipt of a copy of this judgment.
Accordingly, the writ petition is dismissed as infructuous.
Sd/-
SHAJI P.CHALY JUDGE
uu 18.07.2019
WP(C).No.16002 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REPRESENTATION OF THE PETITIONER DT. 10.4.2019 BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF COMMUNICATION DT. 16.4.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF NOTIFICATION DT. 24.5.2019 PUBLISHED IN THE NOTICE BOARD OF THE RESPONDENT R1 AND R2.
EXHIBIT P4 TRUE COPY OF REPRESENTATION OF THE PETITIONER DT. 6.6.2019 BEFORE THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R2(a) THE TRUE PHOTOCOPY OF THE WINDOW TENDER NOTICE DATED 27/2/2019
EXHIBIT R2(b) TRUE PHOTOCOPY OF THE DETAILED TENDER NOTICE DATED 27/2/2019 INCLUDING THE TENDER CONDITIONS.
EXHIBIT R2(c) THE TRUE PHOTOCOPY OF THE DECISION NO.26, DATED 30/3/2019 OF MUNICIPAL COUNCIL
1 issue framed by the court
Whether the writ petition seeking quashing of tender notification and direction to accept the highest bid is maintainable when tenders were already cancelled.
1 provisions across 1 enactments
Pushparaj N
Shoranur Municipality
Secretary, Shoranur Municipality
Vinod Kumar C.M
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
