The petitioner filed a writ petition seeking to set aside a work order and directing the issuing authority to award the work to them. The court noted the petitioner was not represented and determined they had no interest in prosecuting the petition. Consequently, the writ petition was dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 8THDAY OF NOVEMBER 2022 / 17TH KARTHIKA,1944
WP(C) NO. 13294 OF 2018
PETITIONER/S:
M/S. NINZ CONSTRUCTION PRIVATE LTD
24/176-S.T.U, 1ST FLOOR, VALLANCHIRA TOWER,
C.H. BYE-PASS ROAD, KARUVAMPURAM P.O., MANJERI,
MALAPPURAM, REPRESENTED BY ITS MANAGING DIRECTOR,
NIJIN A.K., S/O. ABDU NINASIR, ATHIKKAYI HOUSE,
PAYYANAD P.O., MANJERI, MALAPPURAM - 670 002.
BY ADVS.
SRI.GEORGE MATHEW
SRI.SUNIL KUMAR A.G
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, ROADS & BRIDGES DIVISION, MANJERI - 670 002.3 NATIONAL SMALL SCALE INDUSTRIES CO. LTD. REPRESENTED BY ITS SENIOR BRANCH MANAGER, S.67, GCDA COMPLEX, MARINE DRIVE, ERNAKULAM - 682 031.4 THE CHAIRMAN STATE LEVEL ADVISORY BOARD FOR MICRO SMALL AND MEDIUM ENTERPRISES, (MSME), REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIAL DEPARTMENT,THIRUVANANTHAPURAM - 695 001.5 FISAL K.P. PWD CONTRACTOR KUTTIPARICHAYIL HOUSE PERUMBALLUR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT- 686 673.2
W.P. (C) No.13294 of 2018
SRI.MILLU DANDAPANI
SMT.MARY BEENA JOSEPH, SR GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P. (C) No.13294 of 2018
JUDGMENT
M/s Ninz Construction Private Ltd., a small scale industrial unit registered
with the 3rd respondent as MSME engaged in services like civil construction activities on contract basis have approached this Court seeking the following reliefs:-
(i) to call for the records relating to the issuance of Ext.P8 work order and to issue a writ in the nature of certiorari or any other appropriate writ order or direction and set aside the same;
(ii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to award the subject work to the petitioner;
(iii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent to grant the benefit of clause (d) of Ext.P4 Government Orders to the petitioner as the price quoted is within the price rand pf L1 +15% and allow them to supply at least 20% of the total tendered value;
(iv) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue work order baked on the tender accepted and grant exemption in payment of EMD, bid security, cost of tender form, security deposit as provided under various government orders and public procurement policy of MSME.
4
W.P. (C) No.13294 of 2018
It appears that the petitioner is not interested in prosecuting the writ petition. The writ petition is dismissed for non-prosecution.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE
Sru
5
W.P. (C) No.13294 of 2018
APPENDIX OF WP(C) 13294/2018
PETITIONER’S EXHIBITS
EXHIBIT P1 |
TRUE COPY OF THECERTIFICATE DATEDRESPONDENT. |
GOVERNMENT PURCHASE ENLISTMENT08-08-2017 ISSUED BY THE 3RD |
|---|---|---|
EXHIBIT P2 |
TRUE COPY OF THE08-08-2017 ISSUED |
STORE DETAIL CERTIFICATEBY THE 3RD RESPONDENT. |
EXHIBIT P3 |
TRUE COPY OF THEISSUED BY MINISTRENTERPRISES. |
UDYOG AADHAAR ACKNOWLEDGMENTY OF MICRO, SMALL & MEDIUM |
EXHIBIT P4 |
TRUE COPY OF THE07-11-2013. |
G.O.(P) NO. 546/2013/FIN DATE |
EXHIBIT P5 |
TRUE COPY OF THED4/TN/02/2017-18 |
NOTICE INVITING TENDER NO.DATED 16-02-2018. |
EXHIBIT P6 |
TRUE COPY OF THE29-03-2018. |
TENDER SUMMARY REPORT DATED |
EXHIBIT P7 |
TRUE COPY OF THE |
PRINT OUT DATED 01-03-2018. |
EXHIBIT P8 |
TRUE COPY OF THEDATED 21-03-2018. |
WORK ORDER NO. D1-2017/9913 |
RESPONDENTS EXHIBITS : NIL
Colour shows how this judgement treated each authority
W.A.No.1689 of 2021Referred¶30
M/s. Ninz Construction Private Ltd
State of Kerala
The Executive Engineer, Office of the Executive Engineer, Roads & Bridges Division, Manjeri
National Small Scale Industries Co. Ltd.
The Chairman, State Level Advisory Board for Micro Small and Medium Enterprises (MSME)
Fisal K.P. PWD Contractor
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court