Disposed

Bose Thomas v. Kerala State Sports Council

Kerala HC10 Nov 2021WP(C)/5318/2021

Case brief

AI extract

What is this about?

Coram P.V. Kunhikrishnan, J. Writ petition filed by a firm claiming outstanding payment for PR works for FIFA U-17 World Cup. Court allowed petitioner to file representation; directed 2nd respondent to consider it with hearing within three months.

What did the court decide?

Directed 2nd respondent to receive petitioner's representation, consider it after hearing, and pass appropriate orders within 3 months.

Bose Thomas Vs Kerala State Sports Council — Public Procurement and Tenders | Kerala HC (2021)

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WP(C) NO. 5318 OF 2021

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 10^TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA, 1943

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WP(C) NO. 5318 OF 2021

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PETITIONER/S:

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BOSE THOMAS AGED 48 YEARS S/O. THOMAS, MANAGING PARTNER, GREEN FACILITY MANAGEMENT AND SOLUTIONS, JAWAHARLAL NEHRU INTERNATIONAL STADIUM, KALOOR ERNAKULAM-682017.

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BY ADVS. K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT

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RESPONDENT/S:

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1 KERALA STATE SPORTS COUNCIL, STATUE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY. 2 THE SECRETARY, KERALA STATE SPORTS COUNCIL, STATUE, THIRUVANANTHAPURAM-695001.

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3 THE DISTRICT SPORTS COUNCIL, ERNAKULAM, P.T. USHA ROAD, KOCHI-682011, REPRESENTED BY ITS SECRETARY.

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BY ADVS. SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL LATHA ANAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5318 OF 2021

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No.5318 of 2021

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Dated this the 10^th day of November, 2021

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JUDGMENT

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The above writ petition is filed with following prayers :

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“i. Issue a writ of Mandamus or other appropriate writ order or direction commanding the respondents to consider the Ext.P2 to P9 vouchers submitted by the petitioners in discharge of works entrusted with it as per Ext.P1 letter.

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ii. Issue such other writ, direction or order that this Hon'ble Court may deem fit, just and necessary in the facts and circumstances of the case.”

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The petitioner is a firm and according to the

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petitioner, the firm was entrusted with the works of promotional activities (PR works and events) of the FIFA under-17 World Cup Tournament held in Kerala during 2017. According to the petitioner, certain bills submitted by the petitioner firm were not entertained by the respondents. The grievance of the petitioner is that Exts.P2 to P9 invoices were submitted before the respondents and there is no response from them. Aggrieved by the same, this writ petition is filed.

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WP(C) NO. 5318 OF 2021 3

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the Sports Council.

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The counsel for the petitioner reiterated his contentions in this writ petition and submitted that there is amount due from the respondents to the petitioner. On the other hand, the Standing Counsel submitted that a detailed counter affidavit is filed, in which it is specifically stated that no amount is due to the petitioner and the amount due is already paid. The counsel takes me through paragraph 11 of the statement filed by the respondents.

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I considered the contentions of the petitioner and the respondents. The petitioner says that there is some amount due to him and the respondents denies the same. The petitioner says that he can substantiate the same before the respondents, if an opportunity is given to him. In such circumstances, without expressing any opinion about the merit of the case, I think the petitioner can be allowed to file a representation, narrating his grievance and there can be a direction to 2^nd respondent to consider the same and pass appropriate orders, in accordance to law, within a time frame.

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WP(C) NO. 5318 OF 2021 4

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Therefore, this writ petition is disposed in the following

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manner :

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The petitioner is free to file a representation before the 2^nd respondent narrating his grievance with supporting documents within 3 weeks from the date of receipt of a copy of this judgment.

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Once such a representation is received, the 2^nd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner.

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The above exercise should be completed by the 2^nd respondent, as expeditiously as possible, at any rate, within 3 months from the date of receipt of the representation.

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All the contentions of the petitioner and respondents are left open.

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SD/-

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P.V.KUNHIKRISHNAN JUDGE

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SKS

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WP(C) NO. 5318 OF 2021

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APPENDIX OF WP(C) 5318/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE COMMUNICATION DATED 04/10/2017 ISSUED BY THE SECRETARY, DISTRICT SPORTS COUNCIL TO THE MANAGING PARTNER, GREEN FACILITY MANAGEMENT AND SOLUTIONS.
EXHIBIT P2	TRUE COPY OF THE INVOICE NO. 83 DATED 04/11/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE INVOICE NO. 84 DATED 04/11/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE INVOICE NO. 85 DATED 04/11/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE INVOICE NO. 86 DATED 04/11/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE INVOICE NO. 87 DATED 04/11/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE INVOICE NO. 88 DATED 04/11/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE INVOICE NO. 89 DATED 04/11/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.

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WP(C) NO. 5318 OF 2021

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EXHIBIT P9

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TRUE COPY OF THE INVOICE NO. 90 DATED 06/10/2017 ISSUED BY THE GREEN FACILITY MANAGEMENT AND SOLUTIONS TO THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS :

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ANNEXURE R1(A) TRUE COPY OF THE AGREEMENT DATED 28.9.2017

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ANNEUXRE R1(B) PROCEEDINGS NO.KSSC/B8/8850/17 DATED 28.9.2017

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ANNEXURE R1(C) TRUE COPY OF OFFICE PROCEEDINGS NO.KSSC/88/8850/77 DATED 2.11.2017

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ANNEXURE R1(D) TRUE COPY OF THE OFFICE PROCEEDINGS DATED 1.12.2017

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ANNEXURE R1(E) TRUE COPY OF THE OFFICE PROCEEDINGS NO.KSSC/G1/8850/2017 DATED 19.1.2018

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ANNEXURE R1(F) TRUE COPY OF THE OFFICE PROCEEDINGS NO. KSSC/G1/2217/2018 DATED 23.5.2018

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ANNEXURE R1(G) TRUE COPY OF THE MINUTES OF THE MEETING DATED 31.12.2017

Bose Thomas v. Kerala State Sports Council

Case brief

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What did the court decide?

Bose Thomas v. Kerala State Sports Council

Case brief

What is this about?

What did the court decide?

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