In this writ petition challenging price preference for a labor cooperative society, the petitioner was granted the contract as the incumbent society withdrew due to site non-handover, leaving substantive arguments open.
The 6th respondent is directed to award the work to the petitioner at quoted rates and hand over the site without delay.
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
WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941
WP(C).No.484 OF 2019(I)
PETITIONER:
R. MAHESH AGED 51 YEARS GOVERNMENT CONTRACTOR, PADICKAL PUTHENVEEDU AIMURY P.O., PERUMBAVOOR - 683544.
BY ADVS. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SCRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001.
6 ERNAKULAM DISTRICT LABOUR CONTRACTORS CO-OPERATIVE SOCIETY LIMITED, REG. NO. E1351, C/O CHERIYAN SAMUEL, MADACKAL HOUSE, PROVIDENCE ROAD, COCHIN - 683548,
R1-5 BY SRI.K.V.SOHAN, STATE ATTORNEY R6 BY ADV. SRI.T.J.MICHAEL R6 BY ADV. SRI.K.A.BABY R6 BY ADV. SMT.TINY THOMAS
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GP. SRI.SHAYAM PRASANTH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 5th day of February 2020
This writ petition is filed seeking the following prayers:
(i) To issue a Writ of Certiorari or other appropriate writ, order or direction calling for the records leading to Exhibits, P6, P7 and P8 and quash the same.
(ii) To issue a Writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P5 and quash the same.
(iii) To declare that Exhibits P6, P7 and P8 and all consequential orders which creates monopoly in favour of Labour Contract Cooperative Societies in the matter of award of Government contracts by granting price preference and other concessions as illegal and arbitrary and violative of Articles 14 and 19 (1)(g) of the Constitution of India.
(iv) To declare that in the absence of any indication in the tender notice regarding price preference to Labour Contract Cooperative Societies, granting the benefit of price preference to 6th Respondent for the award of contract in respect of the work “PVIP – MLA – SDF 2018-19 Construction of a bridge at ch. 3.80 km of Kodanad East Branch Canal in Ward 8 at Vengoor G P” as illegal, arbitrary and violative of Article 14 of the Constitution of India.
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(v) To issue a Writ of Mandamus or other appropriate writ, order or direction declaring that the 6th Respondent Society, is not entitled to be granted the benefit of price preference in respect of the work “PVIP – MLA – SDF 2018-19 Construction of a bridge at ch. 3.80 km of Kodanad East Branch Canal in Ward 8 at Vengoor GP”
(vi) To issue a Writ of Mandamus or other appropriate writ, order or direction directing the Respondents 1 and 5 to award the work “PVIP – MLA – SDF 2018-19 Construction of a bridge at ch. 3.80km of Kodanad East Branch Canal in Ward 8 at Vengoor G P” to the Petitioner at the Petitioner's quoted.
was issued by the 6th respondent to the Executive Engineer. It is stated that since the site had not been handed over, the 6th respondent is not willing to continue the work at the contracted rates and a request was made to either close the agreement or to increase the rate by 20% after handing over the site.
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The said submissions are recorded. The writ petition is disposed of, in view of the fact that the 6th respondent is not interested to proceed with the work. The work shall be awarded to the petitioner at the rates quoted by the petitioner and that the site shall be handed over without delay. The other questions raised in the writ petition
are left open to be decided in appropriate proceedings.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE PHOTOCOPY OF THE A-CLASS REGISTRATION CERTIFICATE OF THE PETITIONER NO.68A/SECC A1 |
|---|---|
| EXHIBIT P2 | THE PHOTOCOPY OF THE NOTICE INVITING TENDER(NIT) NO.DB1/83 DATED 24/11/2018 ISSUED BY THE 5TH RESPONDENT. |
| EXHIBIT P3 | THE PHOTOCOPY OF THE ITEM RATE BOQ QUOTED BY THE BIDDERS UPLOADED IN THE WEBSITE OF THE 1ST RESPONDENT. |
| EXHIBIT P4 | THE PHOTOCOPY OF THE TENDER SUMMARY REPORT UPLOADED IN THE WEBSITE OF THE 1ST RESPONDENT. |
| EXHIBIT P5 | THE PHOTOCOPY OF THE SELECTION NOTICE NO.A2-312/2018 DATED 21/12/2018 IN RESPECT OF THE SUBJECT WORK ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT. |
| EXHIBIT P6 | THE TRUE COPY OF G.O.(MS)NO.135/97/CO-OP DATED 13/11/1997 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P7 | THE TRUE COPY OF G.O.(MS) NO.44/04/PWD DATED 19/03/2004 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT P8 | THE PHOTOCOPY OF THE G.O. (MS)NO.1/2018/CO-OP DATED 09/01/2018 ISSUED BY THE 4TH RESPONDENT. |
| RESPONDENT'S/S EX | HIBITS: |
| EXHIBIT R6(a) | TRUE COPY TENDER SUMMARY REPORT OF CONSTRUCTION OF BRIDGE AT 6.90 KM IN EAST BRANCH CANAL OF PVIP DATE 28/10/2019. |
| EXHIBIT R6(b) | TRUE COPY OF BILL OF CONSTRUCTION OF BRIDGE AT 6.90 K.M IN EAST BRANCH CANAL OF PVIP DATED NIL. |
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CONSTRUCTION OF BRIDGE AT 3.80 K.M IN EAST BRANCH CANAL OF PVIP DATE 28/10/2019.
ANNEXURE R5(A)
TRUE COPY OF THE LETTER DATED 30.01.2020 SENT BY THE RESPONDENT NO.6 TO RESPONDENT NO.5
2 issues framed by the court
Whether the petitioner can be awarded the government contract when the 6th respondent withdrew from the work due to site non-handover.
Whether the relief of awarding the work to the petitioner is maintainable as a spontaneous matter without deciding substantive constitutional claims.
R. MAHESH
STATE OF KERALA
SECRETARY TO GOVERNMENT WATER RESOURCES AND IRRIGATION DEPARTMENT
SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT
SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION
THE EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION PROJECT
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
