Disposed

Achankunju v. Kalluvathukkal Gramapanchayath

Kerala HC7 Nov 2019WP(C)/22472/2019

Case brief

AI extract

What is this about?

This Court issued directions for the resolution of a public tender process where the petitioner's tender was excluded on an unverified complaint. The Court ordered the Panchayath to reconsider the petitioner's offer and finalize the process within two weeks while reserving the right to take action if the complaint is verified later.

What did the court decide?

Directed the Panchayath to consider the petitioner's offer along with others and finalize the tender within two weeks of receiving this judgment.

Achankunju Vs Kalluvathukkal Gramapanchayath — Public Procurement and Tenders | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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WP(C).No.22472 OF 2019(H)

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PETITIONER:

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ACHANKUNJU AGED 65 YEARS S/O KOSHY,VILAYIL VADAKKATHIL VEEDU,ADUTHALA.P.O,KARAMCODU, KALLUVATHUKKAL VILLAGE,KOLLAM DISTRICT.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENTS:

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1 KALLUVATHUKKAL GRAMAPANCHAYATH KALLUVATHUKKAL.P.O, KOLLAM DISTRICT, PIN-691578, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY, KALLUVATHUKKAL GRAMA PANCHAYATH, KALLUVATHUKKAL.P.O,KOLLAM DISTRICT, PIN-691578.

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3 THE ASSISTANT ENGINEER,L.S.S.D.SECTION, KALLUVATHUKKAL GRAMA PANCHAYATH, KALLUVATHUKKAL.P.O,KOLLAM DISTRICT, PIN-691578.

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R1-2 BY ADV. SRI.M.R.SASITH

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G.P. SRI MANURAJ K.J.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22472 OF 2019 2

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JUDGMENT

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The petitioner, who claims to have

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participated in a tender process notified by the 1^st respondent-Panchayath, has approached this Court impugning Ext.P4, as per which, he has been informed that his tender will not be considered and that he will not be permitted to participate in the same, because he had misbehaved with an officer of the Panchayath, whose name is mentioned therein.

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According to the petitioner, the

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allegations made against him in Ext.P4 are untenable and that no enquiry or investigation has been made into it by the Panchayath; and therefore, that the said order could not have been issued. He, therefore, prays that Ext.P4 be quashed and his tender also be directed to be considered, along with the others.

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Shri.M.R.Sasith-learned Standing

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WP(C).No.22472 OF 2019 3

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Counsel appearing for Kalluvathukkal Grama

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Panchayath, affirms that Ext.P4 has been issued solely on the basis of a complaint made by the person mentioned therein but concedes that no enquiry has been made or completed thereon. He says that, therefore, the Panchayath is now willing to consider the petitioner's tender also before finalizing the others and prays that liberty may also be reserved to the Panchayath to cause a proper investigation into the complaint of the officer, whose name is mentioned in Ext.P4.

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Taking note of the afore submissions, I order this writ petition and direct the Panchayath to consider the petitioner's offer, along with the others, and finalize the tender process in terms of law, within a period of two weeks from the date of receipt of a copy of this judgment.

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It goes without saying that if, after

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WP(C).No.22472 OF 2019 4

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proper enquiry and investigation, it is found that the complaint of the person mentioned in Ext.P4 is genuine, then all necessary and adequate action pursuant thereto can be taken forward by the Panchayath in terms of law, without any further orders from this Court.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/7.11.19

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WP(C).No.22472 OF 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1	A TRUE COPY OF CARD ISSUED BY ROADS DIVISION,	THE C THE KOLLA	ONTRACTORS REGISTRATION EXECUTIVE ENGINEER,PWD M
EXHIBIT	P2	A TRUE COPY OF NOTIFICATION RESPONDENT	THE PUBLI	RELEVANT PAGE OF TENDER SHED BY THE 3RD
EXHIBIT	P3	A TRUE COPY	OF	THE APPLICATION DATED
		06.08.2019 SUB BEFORE THE 3RD	MITTE RESPO	D BY THE PETITIONER NDENT.
EXHIBIT	P4	A TRUE COPY OF ISSUED BY THE 2	THE ND RE	LETTE DATED 06.08.2019 SPONDENT.
EXHIBIT	P5(A)	A TRUE COPY PUBLISHED BY NO.04/AE/LSGD.	OF THE	TENDER NOTIFICATION 3RD RESPONDENT WIDE
EXHIBIT	P5(B)	A TRUE COPY PUBLISHED BY NO.04/KVKL/2019	OF THE	TENDER NOTIFICATION 3RD RESPONDENT WIDE
EXHIBIT	P(C)	A TRUE COPY PUBLISHED BY NO.02/AE/KVKL/2	OF THE 019.	TENDER NOTIFICATION 3RD RESPONDENT WIDE
EXHIBIT	P6	A TRUE COPY MEETING DATED 2	OF DE 0/9/2	CISION NO.1/2 OF THE 019
EXHIBIT RESPOND NIL	P7 ENT'S/S EX	A TRUE COPY OF DATED 30/9/2019 HIBITS:	DECI HELD	SION NO.2/2 OF MEETING BY 1ST RESPONDENT

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MC (TRUE COPY) PA TO JUDGE

Achankunju v. Kalluvathukkal Gramapanchayath

Case brief

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Achankunju v. Kalluvathukkal Gramapanchayath

Case brief

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