Petitioner challenged the scrutiny committee's decision to disqualify them in a tender for an Elephant Rehabilitation Centre. The single judge held that the deadline for submitting the proposal had expired and the petition was time-barred.
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 MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944
WP(C) NO. 5297 OF 2018
PETITIONER/S:
THE CENTRE FOR ENVIRONMENT ARCHITECTURE AND HUMAN
SETTLEMENTS PRIVATE LIMITED [CEARTH]
29/2117, KOTTOOLI, KUTHIRAVATTOM (P.O),
KOZHIKODE DISTRICT, PIN 673 016,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.R.BINDU (SASTHAMANGALAM)
SRI. HARRIS
SRI.PRASANTH M.P
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, DEPARTMENT OF FORESTS & WILDLIFE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILD LIFE) FOREST HEAD QUARTERS, VAZHUTHAKADU, THIRUVANANTHAPURAM PIN 695 001. (CHAIRMAN, SCRUTINY COMMITTEE).3 THE CHIEF EXECUTIVE OFFICER NEYYAR- PEPPARA FOREST DEVELOPMENT AGENCY, (SPV FOR KIIFB PROJECT),RAJIV GANDHI FOREST COMPLEX, VATTIYOORKAVU (P.O), THIRUVANANTHAPURAM PIN 695 001.4 RTF INFRA PRIVATE LIMITED T.C. NO 03/2070, LIC LANE, PATTOM, THIRUVANANTHAPURAM, PIN 695 004.5UNISON PROJECT MANAGEMENT PRIVATE LIMITED
11-12, BUILDING NO 3, SDC AREA,
POORNA NAGAR COMPLEX, CHIKHALI,
CHINCHWAD, PUNE, PIN 411 019.
WP(C) NO. 5297 OF 2018
2
6M/S HABITAT TECHNOLOGY GROUP
POOJAPPURA, THIRUVANANTHAPURAM, PIN 695 012.
BY ADVS.
SRI.SANDESH RAJA.K., SPL. G.P. (FOREST)
SRI.G.SREEKUMAR CHELUR
SRI.K.D.SREEVISAKH
SRI T.P SAJAN SPL GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON07.11.2022,THECOURTONTHESAMEDAY
DELIVERED THE FOLLOWING:
WP(C) NO. 5297 OF 2018
3
JUDGMENT
The petitioner is the Centre for Environment Architecture and
Human Settlements Private Ltd (CEARTH), a firm engaged in architectural consultancy works.
WP(C) NO. 5297 OF 2018
4
Competence’. Accordingly, the committee shortlisted respondents 4 and 5 and decided to open their financial bids. The above actions of the respondents are under challenge in this writ petition.
This writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 5297 OF 2018
5
APPENDIX OF WP(C) 5297/2018
PETITIONER EXHIBITS
EXHIBIT P1 |
TRUE COPY OF THETHE 3RD RESPONDEN |
REQUEST FOR PROPOSAL PUBLISHED BYT DATED 07-09-2017. |
|---|---|---|
EXHIBIT P2 |
TRUE COPY OF THEDATED 09-10-2017. |
LETTER ISSUED BY THE 3RD RESPONDENT |
EXHIBIT P3 |
TRUE COPY OF THE19-10-2017 SIGNED |
MINUTES OF THE MEETING HELD ONBY THE 2ND RESPONDENT. |
EXHIBIT P4 |
TRUE COPY OF THE23-10-2017. |
MINUTES OF THE MEETING HELD |
EXHIBIT P5 |
TRUE COPY OF THEPETITIONER BEFORE10-11-2017. |
REPRESENTATION SUBMITTED BY THETHE 3RD RESPONDENT DATED |
EXHIBIT P6 |
TRUE COPY OF THEPETITIONER BEFORE29-11-2017. |
REPRESENTATION SUBMITTED BY THETHE 2ND RESPONDENT DATED |
EXHIBIT P7 |
TRUE COPY OF THEDATED 01-12-2017. |
MINUTES SIGNED BY THE 2ND RESPONDENT |
EXHIBIT P8 |
TRUE COPY OF THEPETITIONER DATED |
REPRESENTATION SUBMITTED BY THE21-12-2017. |
3 issues framed by the court
Whether the writ petition survives given the expiration of the four-month period for submission of the proposal.
Whether to uphold the disqualification of the petitioner from the tender process.
Whether to grant interim stay on the tenders process.
CENTRE FOR ENVIRONMENT ARCHITECTURE AND HUMAN SETTLEMENTS PRIVATE LIMITED
STATE OF KERALA
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILD LIFE)
THE CHIEF EXECUTIVE OFFICER NEYYAR- PEPPARA FOREST DEVELOPMENT AGENCY
RTF INFRA PRIVATE LIMITED
UNISON PROJECT MANAGEMENT PRIVATE LIMITED
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court