Allowed

James.C.Sebastian, v. Kerala State Civil Supplies Corporation

Kerala HC8 Feb 2019WP(C)/2732/2019

Case brief

AI extract

What is this about?

This court adjudicated the respondent's delayed finalization of tender proceedings. It directed the 1st respondent to consider and pass orders on the petitioner's representation within one month after hearing the petitioner.

What did the court decide?

Direction to the 1st respondent to consider and pass orders on Ext.P2 representation after hearing the petitioner within one month from the date of receipt of this judgment.

James.C.Sebastian, Vs Kerala State Civil… — 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940

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WP(C).No. 2732 of 2019

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PETITIONER/S:

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JAMES.C.SEBASTIAN, AGED 43 YEARS S/O SEBASTIAN, PROPRIETOR, SEVANM, CHIRIYANKANDATH HOUSE, 803, MAYA HEIGHTS, PATTURAKKAL, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENT/S:

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1 KERALA STATE CIVIL SUPPLIES CORPORATION, REP BY ITS MANAGING DIRECTOR, HEAD OFFICE, GANDHI NAGAR, ERNAKULAM. KOCHI - 678 001.

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2 REGIONAL MANAGER, SUPPLYCO, PALAKKAD. PIN - 678 001.

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SC MOLLY JACOB,SUPPLYCO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2732 of 2019 2

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JUDGMENT

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The petitioner has approached this Court seeking the following

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reliefs:

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i. Issue a writ in the nature of mandamus commanding the 1^st respondent to finalize the tender proceedings pursuant to Ext.P1, within such time as may be fixed by this Hon'ble Court. ii. Issue a writ in the nature of mandamus commanding the 1^st respondent to consider and pass orders on Ext.P2 after affording an opportunity of hearing to the petitioner, within such time as may be fixed by this Hon'ble Court.

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Kerala Civil Supplies Corporation.

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It is submitted by the learned counsel for the petitioner that pursuant to Ext.P1 tender notice, the petitioner has submitted his tender. But the same is not being finalised. It is further stated that Ext.P2 representation has been preferred by the petitioner, which is pending before the 1^st respondent.

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The learned Standing Counsel appearing for the Kerala Civil Supplies Corporation would submit that Writ Petition No.564/19 had been filed alleging that there was a cartel formation and that the petitioner had remitted the EMD from the personal account of the petitioner for and on behalf of other tenderers as well. It is stated that the said writ petition was disposed of directing a consideration of the

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WP(C).No. 2732 of 2019 3

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allegations raised therein. It is stated that it is in the above circumstances that there is delay in finalising the tender.

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Having considered the contentions advanced, I am of the opinion that Ext.P2 representation preferred by the petitioner is liable to be considered. In the above view of the matter, there will be a direction to the 1^st respondent to take up, consider and pass appropriate orders on Ext.P2 representation after hearing the petitioner within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No. 2732 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY F THE RELEVANT PORTION OF THE INSTRUCTIONS OF TENDER NOTIFICATION DATED 31.08.2008 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 16.01.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// Sd/PA TO JUDGE

James.C.Sebastian, v. Kerala State Civil Supplies Corporation

Case brief

What is this about?

What did the court decide?

James.C.Sebastian, v. Kerala State Civil Supplies Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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