Disposed

Zuhara, v. the Secretary

Kerala HC17 Jan 2024WP(C)/13477/2023

Case brief

AI extract

What is this about?

Writ petition challenging rejection of petitioner's proposal under a Municipality tender for a Health and Wellness Centre. The tender was cancelled and re-invited; petitioner submitted a fresh proposal. Court declined merits review, directing evaluation of all proposals afresh, uninfluenced by earlier decisions, and closed the petition.

What did the court decide?

Petitioner's fresh proposal to be evaluated on merits along with others, uninfluenced by earlier decisions; writ petition closed.

Zuhara, Vs the Secretary — Public Procurement and Tenders | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945

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WP(C) NO. 13477 OF 2023

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PETITIONER:

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ZUHARA,
AGED 61 YEARS, W/O KUNHABDULLA,
RESIDING AT FARHATH MANZIL,
VATAKKE MANIYOTH HOUSE, PUTHUPPANAM.P.O.,
VATAKARA TALUK, KOZHIKODE DISTRICT,
PIN – 673 105.

¶8

BY ADV ZUBAIR PULIKKOOL

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RESPONDENTS:

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1 THE SECRETARY, VADAKARA MUNICIPALITY, VADAKARA.P.O., VADAKARA TALUK, KOZHIKODE, PIN – 673 101.

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2 VADAKARA MUNICIPALITY, REP. BY ITS SECRETARY, VADAKARA P.O., VADAKARA TALUK, KOZHIKODE, PIN – 673 101.

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3 DISTRICT COLLECTOR, COLLECTORATE, WAYANAD ROAD, CIVIL STATION P.O., ERANJIPALAM, KOZHIKODE, PIN – 673 020.

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BY ADVS.

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 NAVEEN.T
 DEVISHRI R (GP)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.13477/2023

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-:2:-

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J U D G M E N T

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Petitioner has approached this Court challenging the rejection of the proposal submitted by the petitioner pursuant to Ext.P2 tender for establishment of a Health and Wellness Centre by the 1^st respondent.

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When this matter is taken up for consideration today, it is the submission of the learned counsel for respondents 1 and 2 that Ext.P2 tender has been cancelled by Ext.R1(f) decision and a fresh tender has been invited by Ext.R1(g). It is submitted that the petitioner has also submitted his proposal pursuant to Ext.R1(g).

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In the light of the above, I am of the view that this writ petition need not be considered on merits. It is made clear that any proposal submitted by the petitioner pursuant to Ext.R1(g) shall be considered on merits along any other proposal that may be received by respondents 1 and 2 and the proposal shall be evaluated in accordance with the law. It is also made clear that any proposal

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W.P.(C) No.13477/2023

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-:3:-

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submitted by the petitioner pursuant to Ext.R1(g) shall be evaluated afresh without being influenced by any earlier decision taken by the Municipality.

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With this observation, the writ petition is closed.

Sd/-

GOPINATH P.

JUDGE

ats

W.P.(C) No.13477/2023

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-:4:-

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APPENDIX OF WP(C) 13477/2023

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PETITIONER’S EXHIBITS

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`Exhibit P1`	`THE TRUE` `THE 3RD R`	`COPY OF THE PROCEEDINGS ISSUED BY` `ESPONDENT DATED 03.11.2022.`
`Exhibit P2`	`THE TRUE` `DESHABHIM`	`COPY OF THE TENDER PUBLISHED IN` `ANI DAILY DATED 09.11.2022.`
`Exhibit P3`	`THE TRUE` `THE PETIT` `DATED 16.`	`COPY OF THE PROPOSAL SUBMITTED BY` `IONER BEFORE THE 1ST RESPONDENT` `11.2022.`
`Exhibit P4`	`THE TRUE` `MEDICAL O` `DATED 06.`	`COPY OF THE REPORT SUBMITTED BY THE` `FFICER BEFORE THE 1ST RESPONDENT` `12.2022.`
`Exhibit P5`	`THE TRUE` `STANDING` `06.12.202`	`COPY OF THE REPORT OF THE HEALTH` `COMMITTEE CHAIRPERSON DATED` `2.`
`Exhibit P6`	`THE TRUE` `SUBMITTED` `RESPONDEN`	`COPY OF THE REPRESENTATION` `BY THE PETITIONER BEFORE THE 1ST` `T DATED 23.02.2023.`
`Exhibit P7`	`The true`	`copy of the Photograph dated NIL.`
`Exhibit P8`	`The true` `by Urban`	`copy of the report dated submitted` `Health Co-ordinator15.05.2023.`
`Exhibit P9`	`The true` `Assistant` `municipal`	`copy of the report submitted by the` `Engineer of respondent` `ity dated NIL.`

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RESPONDENT EXHIBITS

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`Ext.R1(a)`	`True copy of` `submitted by` `Standing Com`	`the Report dated 6-12-2022` `the Chairperson, Health` `mittee, Vadakara Municipality.`
`Ext.R1(b)`	`True copy of` `submitted by` `N.H.M.`	`the Report dated 6-12-2022` `the Urban Health Co-ordinator,`
`Ext.R1(c)`	`True copy of` `submitted by`	`the Report dated 5-1-2023` `the Municipality Engineer.`

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W.P.(C) No.13477/2023

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-:5:-

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Ext.R1(d)True copy of the Report dated 6-12-2022
submitted by the Health Supervisor, Vadakara
Municipality.

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Ext.R1(e)True copy of the Report dated 5-1-2023
submitted by the Assistant Engineer,
Vadakara Municipality.
Ext.R1(f)True copy of the relevant pages of the
Minutes of the Municipal Council decision
taken on 24-2-2023.
Ext.R1(g)True copy of the offer Notification
published in Deshabhimani daily Newspaper
dated 13-4-2023.

Zuhara, v. the Secretary

Case brief

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Zuhara, v. the Secretary

Case brief

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