Writ petition challenging the e-tender process maintained by Kerala Water Authority for water supply scheme maintenance. Petitioner alleged extension of bid dates was done to favor specific bidders. Court found extensions were system-generated and dismissed the petition citing settled law on non-interference in contractual matters.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 8045 OF 2022
PETITIONER:
SAJEEVAN N.V., AGED 55 YEARS S/O.(LATE) SRI.VELAYUDHAN, NIVARTHIL HOUSE, MUTTATHIPARAMBU P.O., ALAPPUZHA DISTRICT, PIN CODE-688 527. BY ADV GEORGE ZACHARIAH ERUTHICKEL
RESPONDENTS:
1 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM-695 001.
3 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADV GEORGIE JOHNY
APPU P S GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 17th day of January, 2023
The petitioner participated in the e-tender conducted by the Kerala Water Authority for awarding the contract for maintenance of JICA assisted water supply scheme in Cherthala Municipality and adjoining Panchayats. Among the 16 areas notified, the petitioner participated in the tender for maintenance work in Kanjikuzhi and Thanneermukkom Grama Panchayats. Being unsuccessful in the tender the petitioner has filed the writ petition alleging that the tender process and award of works is tainted with malafides and arbitrariness. It is basis for the allegation is that, while the last date for submission of bids for Kanjikuzhi and Thanneermukkom Grama Panchayats was 26.02.2022 and the bids were opened on the same day, while the last date for Kodamthuruth and Muhamma Panchayats was extended up to 28.02.2022 and for Kodamthuruth, the date was further extended to 05.03.2022. According to the petitioner, the dates were extended with the oblique motive of awarding the work to certain blue eyed boys of the officials of the Water Authority. Moreover,
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the extension being without notice and proper publication, intending bidders like the petitioner could not participate.
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matters after looking at the process through a magnifying glass. Being an e-tender and the extensions being system generated, no malafides or arbitrariness can be alleged against the officers of the Water Authority.
For the aforementioned reasons, this writ petition is dismissed.
Sd/-
V.G ARUN JUDGE
AP
WP(C) NO. 8045 OF 2022
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APPENDIX OF WP(C) 8045/2022
| PETITIO Exhibit |
NER EXHIB P1 |
ITS TRUE COPY OF THE REGISTRATION CARD FOR D CLASS CATEGORY ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER. |
|---|---|---|
| Exhibit | P2 | TRUE COPY A WORK ORDER DATED 01.09.2021 ISSUED TO THE PETITIONER WITH RESPECT TO CERTAIN WORKS IN CHERTHALA MUNICIPALITY AND ADJOINING VILLAGES, AS WELL AS IN THANEERMUKKOM PANCHAYATH BY THE 2ND RESPONDENT. |
| Exhibit | P3 | TRUE PRINT OUT COPY OF THE ELECT4ONIC TENDER NOTICE ISSUED WITH RESPECT TO WORK CONTRACTS FOR THANNEERMUKKOM GRAMA PANCHAYATH DATED 16.02.2022. |
| Exhibit | P4 | TRUE PRINT OUT COPY OF THE ELECTRONIC TENDER NOTICE ISSUED WITH RESPECT TO WORK CONTRACTS FOR KANJIKIUZHI GRAMA PANCHAYATH DATED 16.02.2022. |
| Exhibit | P5 | TRUE PRINT OUT COPY OF THE INTIMATION RECEIVED BY THE PETITIONER REGARDING BID SUBMISSION CONFIRMATION WITH RESPECT TO THE WORK CONTRACT FOR THANNERMUKKOM GRAMA PANCHAYAT DATED 25.02.2022. |
| Exhibit | P6 | TRUE PRINT OUT COPY OF THE INTIMATION RECEIVED BY THE PETITIONER REGARDING BID SUBMISSION CONFIRMATION WITH RESPECT TO THE WORK CONTRACT FOR KANJIKUZHI GRAMA PANCHAYAT DATED 25.02.2022. |
| Exhibit | P7 | TRUE PRINT OUT COPY OF THE TENDER DETAILS WITH RESPECT TO KODAMTHURUTHU GRAMA |
| PANCHAYAT WHICH STATES ABOUT EXTENSION OF TIME FOR SUBMISSION OF BIDS FOR WORK CONTRACT DATED 03.03.2022. |
||
| Exhibit | P8 | TRUE COPY OF THE QUESTIONNAIRE DATED 11.03.2022, SUBMITTED UNDER THE RIGHT TO INFORMATION ACT BEFORE THE OFFICER OF THE 2ND RESPONDENT |
| Exhibit | P9 | TRUE COPY OF THE REPLY DATED 06.04.2022, RECEIVED FROM THE OFFICE OF THE 2ND RESPONDENT TO EXT P8` |
| Exhibit | P10 | TRUE COPY OF THE MEMORANDUM OF APPEAL, DATED 18.04.2022, PREFERRED UNDER THE RIGHT TO INFORMATION ACT, BY THE PETITIONER. |
2 issues framed by the court
Whether the e-tender process and extension of bid dates, which were system-generated, amounted to malafides or arbitrariness warranting judicial interference?
Whether the High Court can interfere with the contractual process of a government authority based on vague and unsubstantiated allegations?
Sajeevan N.V.
Kerala Water Authority
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
