Petitioner challenged tender notification conditions favoring the sixth respondent. Court found contract period expired and directed petitioner to approach Court for grievances regarding fresh tenders.
No relief granted; petition closed as contract period expired.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 19THDAY OF DECEMBER 2022 / 28TH AGRAHAYANA,1944
WP(C) NO. 12356 OF 2018
PETITIONER/S:
MUSTHAFA V.A
AGED 48 YEARS
S/O.MUHAMMED, AGED 48,
VALIYAALIYAMMAKKADA HOUSE, KAWARATTI,
UNION TERRITORY OF LAKSHADWEEP, PIN-682555.
BY ADVS.
SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
SRI.V.S.SHIRAZ BAVA
RESPONDENT/S:
1 UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY ITS ADMINISTRATOR, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP , PIN-682555.2 MS.PAWAN HANS LIMITED JUHU AERODROME, S.V.ROAD, VILE PARIE (WEST), MUMBAI, PIN-400056, REPRESENTED BY ITS MANAGING DIRECTOR.3 GENERAL MANAGER HR ADMIN PAWAN HANS LIMITED, JUHU AERODROME, S.V.ROAD, VILE PARIE (WEST), MUMBAI, PIN-400056.4 JOINT GENERAL MANAGER (HR ADMIN) PAWAN HANS LIMITED, JUHU AERODROME, S.V.ROAD,VILE PARIE (WEST), MUMBAI, PIN-400056.5 THE BASE MANAGER PAWAN HANS LTD., KAWARATTI BASE, UNION TERRITORY OF LAKSHADWEEP, PIN-682555.6 ATTAKOYA NARANGARAPURA NARANGAPURA HOUSE, KAWARATTI, UNION TERRITORY OF LAKSHADWEEP,PIN-682555.WP(C) NO. 12356 OF 2018
2
BY ADVS.
SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY
OF LAKSHADWEEP
SRI.K.ARJUN VENUGOPAL
SRI.K.ARJUN VENUGOPAL
SMT.V.A.HARITHA
SRI.JEEVAN RAJEEV
SMT.MARY RESHMA GEORGE
SRI.R.NANDAGOPAL
SRI.P.SREEKUMAR
SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION
SRI V SAJITHKUMAR SC
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON19.12.2022,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
WP(C) NO. 12356 OF 2018
3
JUDGMENT
Sri. Musthafa V.A., the petitioner herein is a native of Lakshadweep
Island. He has approached this Court challenging Exhibit P2 tender notification, as per which the hiring of vehicles at the Kavaratty Base has been awarded to the 6th respondent and for a further direction to respondents 2 to 5 to either issue a fresh tender notification without the conditions of prequalification as contained in Clause D of Exhibit P2 notification or to consider all price bids received pursuant to Exhibit P2 tender notification without taking into account, the said prequalification conditions mentioned above and also to award the work to the lowest tenderer. The prequalification in the tender to which the petitioner is aggrieved is that the tenderer should have a contract for a minimum of 2 vehicles during the last 3 years with a minimum contract value of Rs. 10L per annum. The contention of the petitioner is that such a clause is incorporated to favor the 6th respondent.
WP(C) NO. 12356 OF 2018
4
further proceedings pursuant to Exhibit P2, no orders were granted by this Court. I find from Exhibits P2 and P5 that the contract period has long since expired. If the petitioner still has any grievance in respect of fresh
tenders which has been issued, it is for the petitioner to approach this Court by initiating fresh proceedings.
Reserving such right, this writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 12356 OF 2018
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APPENDIX OF WP(C) 12356/2018
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE REPRESENTATION DATED 21.07.2017.
EXHIBIT P2TRUE COPY OF TENDER NOTIFICATION WITH REF.
NO.PHL/WR/ADMIN/KVT-VEH/17 DATED 7.11.2017 PUBLISHED
BY THE 2ND RESPONDENT THROUGH ITS WEBSITE.
EXHIBIT P3TRUE COPY OF THE ACKNOWLEDGEMENT DATED 27.11.2017
ISSUED BY THE 5TH RESPONDENT, EVIDENCING THE RECEIPT
OF THE TENDER OF THE PETITIONER.
EXHIBIT P4TRUE COPY OF THE REPRESENTATION DATED 28.01.2018.
EXHIBIT P5TRUE COPY OF THE TENDER NOTICE BEARING
F.NO.31/1/2009-F & A (1)/3403 DATED 14.08.2017 ISSUED
BY THE DEPARTMENT OF FINANCE AND ACCOUNTS, UNDER THE
FIRST RESPONDENT.
1 issue framed by the court
Whether the writ petition regarding an expired tender notification is maintainable when the contract period has long since expired.
MUSTAFA V.A
UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY ITS ADMINISTRATOR
MS.PAWAN HANS LIMITED
GENERAL MANAGER HR ADMIN PAWAN HANS LIMITED
JOINT GENERAL MANAGER (HR ADMIN) PAWAN HANS LIMITED
THE BASE MANAGER PAWAN HANS LTD.
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court