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Professional Hospitality and Support Service v. State of Kerala

Kerala HC14 Jun 2023WP(C)/13734/2023

Case brief

AI extract

What is this about?

The Court directed the second respondent to consider the petitioner's tender submission (Exh. P11) expeditiously within one month after providing an opportunity of hearing, while also considering earlier letters (Exhs. P3 to P6).

What did the court decide?

Direct the 2nd respondent to consider Exhibit P11 within one month after hearing the petitioner, considering Exhibits P3 to P6.

Professional Hospitality and Support Service Vs State… — Company and Corporate | Kerala HC (2023)

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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 WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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WP(C) NO. 13734 OF 2023

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PETITIONER/S:

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PROFESSIONAL HOSPITALITY AND SUPPORT SERVICE
T.C.7/2719-1, OPP. PUBLIC HEALTH CENTRE,
VENPALAVATTOM, ANAYARA.P.O., THIRUVANANTHAPURAM,
PIN-695029, REPRESENTED BY ITS MANAGING PARTNER,
SHAHEER.A, AGED 54 YEARS, S/O. ABDUL SALAM,
RESIDING AT PUTHEN BUNGLOW, KANIYAPURAM.P.O.,
THIRUVANANTHAPURAM, PIN - 695301

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BY ADVS.
BINU GEORGE
HEMALATHA
AMANTA MATHEW

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2INSTITUTE OF MANAGEMENT IN GOVERNMENT (AN
AUTONOMOUS BODY CONSTITUTED BY THE GOVERNMENT OF
KERALA)- IMG
VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR., PIN - 695033
3SECRETARY
INSTITUTE OF MANAGEMENT IN GOVERNMENT (AN
AUTONOMOUS BODY CONSTITUTED BY THE GOVERNMENT OF
KERALA), VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM,
PIN - 695033

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BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI.B.S.SYAMANTAK, GP, SMT.LATHA ANAND, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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-2-

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W.P.(C). No. 13734 of 2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 13734 of 2023

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Dated this the 14^th day of June, 2023

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JUDGMENT

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The above writ petition is filed with following prayers:

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“1. Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to permit the petitioner to make the bid amount quoted on monthly basis as per the bid on annual basis by multiplying twelve months, if the 2^nd respondent so desires as per Ext. P10 notice;

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2. Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to consider Exhibit P11 positively in the light of Exhibits P3 to P6 as expeditiously as possible;

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3. This Honourable Court may be pleased to dispense with the filing of translation of vernacular documents;

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4. Grant such other relief which this Hon'ble Court may deem fit and proper in the fact and circumstances of the case.” (sic)

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The main prayer in this writ petition is to issue directions

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to the 2^nd respondent to permit the petitioner to make the bid amount quoted on monthly basis as per the bid on annual basis by multiplying

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twelve months, if the 2^nd respondent so desires as per Ext.P10 notice.

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-3-

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W.P.(C). No. 13734 of 2023

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The petitioner already submitted Ext.P11 before the 2^nd respondent. The grievance of the petitioner is that the same is not considered.

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Heard the counsel for the petitioner and the Standing

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Counsel appearing for the 2^nd and 3^rd respondents. I also heard the Government Pleader.

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The counsel for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the 2^nd respondent to consider Ext.P11 within a time frame, after giving an opportunity of hearing to the petitioner.

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Therefore, this writ petition is disposed of in the following manner:

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The 2^nd respondent is directed to consider and pass appropriate orders in Ext.P11, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within one month from the date of receipt of a certified copy of this judgment.

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While deciding the matter, the 2^nd respondent will consider the applicability of Exts.P3 to P6.

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W.P.(C). No. 13734 of 2023

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The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 2^nd respondent for compliance.

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sd/-

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P.V.KUNHIKRISHNAN

JUDGE

das

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W.P.(C). No. 13734 of 2023

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APPENDIX OF WP(C) 13734/2023

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF THE REGISTRATION` `CERTIFICATE OF THE PETITIONER FIRM`
`Exhibit`	`P2`	`TRUE COPY OF THE CERTIFICATE ISSUED TO` `THE PETITIONER`
`Exhibit`	`P3`	`A TRUE COPY OF THE PRICE SCHEDULE` `QUOTED BY THE PETITIONER TO THE TENDER` `ISSUED BY THE 2ND RESPONDENT`
`Exhibit`	`P4`	`A TRUE COPY OF THE LETTER ISSUED BY THE` `2ND RESPONDENT TO THE PETITIONER DATED` `30.08.2018 DIRECTING THE PETITIONER TO` `EXECUTE THE AGREEMENT AND TO REMIT THE` `SECURITY DEPOSIT`
`Exhibit`	`P5`	`A TRUE COPY OF THE LETTER DATED` `23.10.2020 ISSUED BY THE 3RD RESPONDENT` `TO THE PETITIONER TO EXECUTE THE` `AGREEMENT FOR FURTHER YEARS`
`Exhibit`	`P6`	`A TRUE COPY OF THE LETTER ISSUED BY THE` `3RD RESPONDENT TO THE PETITIONER DATED` `03.09.2021`
`Exhibit`	`P7`	`A TRUE COPY OF STATEMENT OF ACCOUNTS` `DATED 05.04.2023 ISSUED BY SOUTH INDIAN` `BANK`
`Exhibit`	`P8`	`A TRUE COPY OF THE REPLY TO THE TENDER` `(PRICE SCHEDULED SUBMITTED BY THE` `PETITIONER)`
`Exhibit`	`P9`	`A TRUE COPY STATEMENT OF BID AMOUNT` `SUBMITTED BY BIDDERS`
`Exhibit`	`P10`	`A TRUE COPY OF THE LETTER DATED` `27.03.2023 SENT BY THE 2ND RESPONDENT` `TO THE PETITIONER`
`Exhibit`	`P11`	`A TRUE COPY OF THE REQUEST LETTER SENT` `BY THE PETITIONER TO THE 2ND RESPONDENT` `DATED 30.03.2023`

Professional Hospitality and Support Service v. State of Kerala

Case brief

What is this about?

What did the court decide?

Professional Hospitality and Support Service v. State of Kerala

Case brief

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