The Court noted that tenders for smart class rooms had already been called by the respondent, rendering the petition's primary reliefs infructuous. The specific issue regarding the further deposit amount was recorded in the statement, and the petition was closed after this observation.
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 MRS. JUSTICE ANU SIVARAMAN
SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941
WP(C).No.21177 OF 2019(V)
PETITIONER:
SHANTHINIKETHAN LOWER PRIMARY SCHOOL MARAVANTHURUTH PANCHAYATH, KOTTAYAM - 686 608, REPRESENTED BY ITS MANAGER V. T. PRATHAPAN.
BY ADVS. SRI.LEEJOY MATHEW.V. SRI.SABU S.KALLARAMOOLA
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ELECTRONICS AND INFORMATION TECHNOLOGY (IT CELL) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
5 THE ASSISTANT EXECUTIVE ENGINEER PWD (ELECTRONICS DIVISION), T B ROAD, KOTTAYAM - 686 001.
R4 BY GOVERNMENT PLEADER
GP-SRI. VINOD.B
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.21177 OF 2019(V)
JUDGMENT
This writ petition is filed seeking the following reliefs.
“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondents to tender the work for setting up smart class rooms under the Member of Parliament Local area development scheme on the basis of Exhibit P4 administrative sanction issued by the 2nd Respondent.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to procure those equipment's through Kerala state IT mission Portal which does not require e-tendering as stipulated in Exhibit P4 administrative sanction issued by the 2nd Respondent.
iii) Grant such other order or direction which this Hon'ble Court finds fit and proper.”
WP(C).No.21177 OF 2019(V)
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Mission. It is stated that administrative sanction has been accorded for the procurement of the laptops and the issue is only with regard to deposit of a further amount of Rs.2,72,314/-.
In the above view of the matter, the statement of the 4th
respondent is recorded and the writ petition closed.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/16.11.19
WP(C).No.21177 OF 2019(V)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS VIDE NO.1855/17/DPO/KTM/MPLADS (CPN-1) DATED 21.3.2018.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 5.10.2018 DELIVERED BY THE MANAGER TO THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 08.10.2018 NO.1855/17/DPO/KTM/MPLADS/CPN-1 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ADMINISTRATIVE SANCTION NO.1855/17/DPO/KTM/MPLADS/CPN-1 ISSUED BY THE 2ND RESPONDENT DATED 8.2.2019 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 7.5.2019 FILED BEFORE THE MINSTER OF EDUCATION. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 7.5.2019 FILED BEFORE THE MINISTER OF PUBLIC WORKS DEPARTMENT. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 7.5.2019 FILED BEFORE THE 4TH RESPONDENT.
2 issues framed by the court
Whether the writ petition pleading for mandamus to tender work for smart class rooms under MPLADS should be allowed.
Whether the petitioner is entitled to directive to procure equipment through Kerala State IT Mission Portal without e-tendering.
Shanthinikethan Lower Primary School Maravanthuruth Panchayath
The State of Kerala
The District Collector
The Secretary, General Education Department
The Executive Engineer PWD (Electronics Division)
The Assistant Executive Engineer PWD (Electronics Division)
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
