The High Court dismissed an appeal filed by a private company challenging a lower court judgment. The Court held the company lacked locus standi because the lower court proceedings only impleaded its Chief Executive Officer, not the company itself.
The writ appeal filed by Delcon Engineering Pvt. Limited was dismissed as it was not maintainable.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941
WA.No.460 OF 2020
AGAINST THEJUDGMENT IN WP(C) 13574/2019(V) OF HIGH COURT OF KERALA
APPELLANT/ADDITIONAL 5TH RESPONDENT:
DELCON ENGINEERING PVT. LTD. REPRESENTED BY T.D.MUNEER, CHIEF EXECUTIVE OFFICER, S/O.AHAMMED, AGED 39 YEARS, MUNEER MANZIL, CHATTANCHAL P.O, THEKKIL, KASARAGOD, PIN-671541
BY ADVS.
SRI.K.L.VARGHESE (SR.) SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
RESPONDENTS:
1 M.S.ABDUL HAKEEM AGED 32 YEARS S/O.C.M.SEETHI HAJI, PWD CIVIL WORK, CONTRACTOR, QUADRIYA MANZIL, MARA, CHENGALA.P.O, KASARAGOD-671541
2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
3 THE CHIEF ENGINEER OFFICE OF THE CHIEF ENGINEER( I & A), IRRIGATION WORKS DEPARTMENT, THIRUVANANTHAPURAM
4 THE DIRECTOR, ISLAND NAVIGATION DIRECTORATE, KOLLAM-691002
5 ABDUL NAZIR.T.K AGED 51 YEARS S/O.LATE T.K.MAHIN HAJI, MANAGING PARTNERCHATTANCHAL ENGINEERING COMPANY, PATTUVATHIL HOUSE,
WA.No.460 OF 2020
2
CHATTANCHAL.P.O, THEKKIL, KASARAGOD, PIN-671541
SENIOR GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU FOR R2 AND R3
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.460 OF 2020
3
JUDGMENT
S.MANIKUMAR,CJ
Being aggrieved by the judgment dated 14.1.2020 in W.P.(C) No.13574/2019, instant writ appeal is filed. Pursuant to Ext.P1 tender invitation dated 26.12.2018 tender forms had issued which includes a condition for qualification i.e., in the case of pre-qualification application submitted (by a group) as joint venture, the maximum of experience, past performance, capability of executing the work with respect to equipment and personnel, financial capacity, average annual turn over, income and bid capacity, among the parties to the joint venture will be taken, for evaluation criteria. The tender application submitted by one M.S.Abdul Hakeem was pending and therefore, W.P.(C) No.13574/2019 filed for a writ of certiorari to quash Ext.P8 rejection of technical bid.
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Further direction has been sought for to the respondents herein, not to proceed any further without evaluating the financial bid submitted by the writ petitioner for the above said work.
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respondent No.5 and that same may be corrected as T.D.Muneer, Chief Executive Officer, Muneer Manzil, Chattanchal, Kasaragod as additional respondent No.5 in the writ petition.
Delcon Engineering Pvt. Limited, Kasaragod and the petition for correction filed by the counsel are extracted hereunder:
Application for impleadment
3 rd Party Petitioner
M/s. Delcon Engineering Pvt, Limited Kasaragod, represented by T. D. Muneer, Chief Executive Officer, S/o Ahammed, aged 39 years, Muneer Manzil, Chattanchal, P.O., Thekkil, Kasaragod, Pin-671541.
Vs.
Respondents/Writ petitioner and Respondents 1 to 5
WA.No.460 OF 2020
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PETITION FILED UNDER RULE 148 OF KERALA HIGH COURT RULES
For the reasons stated in the accompanying affidavit, this Hon'ble Court may be pleased to implead M/s. Delcon Engineering Pvt. Limited Kasaragod, represented by Hasan Basri T.D., S/o. T.D. Ahamed, aged 32 years, Director, Delcon Engineering Pvt. Limited, Delco House, Chattanchal, P.O. Thekkil, Kasaragod, Pin-671541 as additional respondent No 5 in the above writ petition.
Dated this the 9th day of December 2019.
K.V. Pavithran
I.A.No.1 of 2020 - Petition for correction
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
I.A. No. of 2019 in
W.P. (C) No. 13574 of 2017
3 rd Party Petitioner
M/s. Delcon Engineering Pvt, Limited Kasaragod, represented by T. D. Muneer, Chief Executive Officer, S/o Ahammed, aged 39 years, Muneer Manzil, Chattanchal, P.O., Thekkil, Kasaragod, Pin-671541.
Vs.
Respondents/Writ petitioner and Respondents 1 to 5
WA.No.460 OF 2020
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PETITION FOR CORRECTION FILED BY THE COUNSEL FOR THE ADDITIONAL RESPONDENT No.5 UNDER RULE 150 OF THE KERALA HIGH COURT RULES
I am the counsel appearing for the Writ Petitioner in the above writ petition. In the petition for impleadment submitted as L.A. No.5 of 2019 in the above matter, in the prayer portion of the petition an error occurred inadvertently in the details of the Additional respondent No.5. The same may kindly be corrected as T.D. Muneer, S/o. Ahammed, aged 39 years, Chief Executive Officer, S/o. Muneer Manzil, Chattanchal, P.O. Thekkil, Kasaragod, Pin671541, in place of T.D. Hasan Basri, S/o. T.D. Ahamed, aged 32 years, Director, Delcon Engineering Pvt. Ltd., Delco House, Chattanchal, P.O. Thekkil, Kasaragod, Pin-671541 as additional respondent No.5 in the above writ petition.
All the facts stated above are true and correct.
Dated this the 7 day of January, 2010.
K. V.Pavithran
Advocate.
that the Chief Executive Officer of M/s.Delcon Engineering Pvt. Limited alone was sought to be impleaded and not the company. Accordingly, the judgment has been rendered in W.P.(C) No.13574/2017.
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has participated in the tender.
In the light of the above discussion, instant writ appeal filed by Delcon Engineering Pvt. Limited, Kasaragod is not maintainable in law,
accordingly it is dismissed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
smv
3 issues framed by the court
Whether the Company has locus standi to file an appeal when only the Chief Executive Officer was impleaded in the lower court proceedings.
Whether the appellant company can appeal against a judgment dismissing an application filed by its employee.
Whether the writ appeal filed by the company is maintainable given the procedural history of the lower court order.
DELCON ENGINEERING PVT. LTD.
M.S.ABDUL HAKEEM
STATE OF KERALA
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
