A writ petition filed by a transportation contractor alleging apprehension that a new Godown location might be allotted to third parties without tender violates the contract. The writer disposed of the matter on the submission that respondents will strictly adhere to tender conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.1081 OF 2021(I)
PETITIONER:
BIJU.P, AGED 31 YEARS, S/O CHANDRAN, RESIDING AT POOVADAN HOUSE, EZHUVATHIRUTHI, PONNANI P O, MALAPPURAM DISTRICT.
BY ADVS. SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS:
1 KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED (SUPPLYCO) REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020.
2 THE MANAGER-NFSA KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED(SUPPLYCO), MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020.
4 THE DEPOT MANAGER TIRUR, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, (SUPPLYCO) DEPOT, MOOCHIKKAL, TIRUR P O, MALAPPURAM-676109.
5 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001.
OTHER PRESENT:
SMT.PRINCY XAVIER ,GP,SMT.MOLY JACOB,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Petitioner was awarded the work of transportation of ration articles from Food Corporation of India (FCI) Godown Kuttipuram to Supplyco NFSA GodownPuthananthani and from CMR Mills to various Supplyco PDS Depots and he has already executed Ext.P1 agreement on 06.01.2021. It is also stated that the work is also awarded as per Ext.P2 proceedings dated 06.01.2021. The apprehension raised in this writ petition is that steps are afoot for tendering the transportation work to a newly constructed Godown at Kadungathukundu in Tirur Taluk, which is within 5 kms of the work area of the petitioner. According to him the depot Manager is taking steps to allot the said work to his own people without any transparent process of tendering.
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change or addition/deletion in the location of
FCI/CMR Godown during the period of contract and if
the new Godown within a distance of 5 kms from the existing Godown, Supplyco will not entertain any request for enhancement/deduction in the rates.
transportation to any Godown which is newly constructed during the currency of the contract period is also liable to be given to the Contractor and it is alleged that the depot Manager is taking steps contrary to the said condition.
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In view of the aforesaid submission made by the
learned Standing Counsel, the writ petition is disposed of, recording the same.
Sd/-
P.V.ASHA, JUDGE
AS
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE KERALA STATE CIVIL SUPPLIES CORPORATION AND THE PETITIONER DATED 06.01.2021.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 06.01.2021 OF THE SUPPLYCO DEPOT MANAGER-TIRUR.
EXHIBIT P3 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS DATED 23.12.2020.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3 DATED 07.01.2021.
BIJU.P
KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
THE MANAGER-NFSA KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
REGIONAL MANAGER-PALAKKAD, SUPPLYCO
THE DEPOT MANAGER TIRUR, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
THE STATE OF KERALA
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
