Kerala High Court
Sudarman .V vs Kerala Water Authority on 14 August, 2013
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 3RD DAY OF DECEMBER 2013/12TH AGRAHAYANA, 1935
WP(C).No. 29007 of 2013 (A)
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PETITIONER:
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SUDARMAN .V, AGED 50 YEARS,
RESIDING AT T.C.NO.15/644, PRABAH SADANAM,
PALOTTUKONAM, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM.
BY ADV. SRI.M.DINESH.
RESPONDENTS:
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1. KERALA WATER AUTHORITY,
REPRESENTED BY MANAGING DIRECTOR, JALABHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
2. CHIEF ENGINEER,
PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,
VELLAYAMBALAM, SOUTHERN REGION,
THIRUVANANTHAPURAM - 695 033.
3. SUPERINTENDING ENGINEER,
OFFICE OF THE SUPERINTENDING ENGINEER,
PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM - 695 033.
4. THIRUVANANTHAPURAM CORPORATION,
REPRESENTED BY SECRETARY, VIKAS BHAVBAN P.O,
THIRUVANANTHAPURAM - 695 033.
5. REVENUE OFFICER,
OFFICE OF THIRUVANANTHAPURAM CORPORATION,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.
R1 TO R3 BY SRI.JOSEPH JOHN, S.C,
R4 & R5 BY SRI.P.K.MANOJKUMAR, S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-12-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C).NO.29007/2013-A:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 : TRUE COPY OF THE RENT AGREEMENT DEED DATED 14.08.2013
EXECUTED BETWEEN PREETHIKUMAR, DAUGHTER OF LATE
PRABHAVATHI AND THE PETITIONER.
EXHIBIT P2 : TRUE COPY OF THE RESIDENTIAL CERTIFICATE DATED 12.09.2013
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P3 : TRUE COPY OF THE PROOF OF TATA DOCOMO TELEPHONE
CONNECTION TO THE RESIDENCE OF THE PETITIONER ON 28.08.2013
HAVING NUMBER 9387825138.
EXHIBIT P4 : TRUE COPY OF THE TENDER SCHEDULE OF THE PETITIONER IN
TENDER NO.30/2013-14.
EXHIBIT P5 : TRUE COPY OF THE ACKNOWLEDGMENT OF TENDER SUBMISSION
DOWNLOADED FROM THE WEBSITE OF THE 1ST RESPONDENT.
EXHIBIT P6 : TRUE COPY OF THE JUDGMENT DATED 06.09.2013 IN
WP(C) NO 21975/13.
EXHIBIT P7 : TRUE COPY OF THE COVERING LETTER AND MINUTES OF THE
PERSONAL HEARING HELD ON 26.09.2013 IN THE CHAMBER OF 3RD
RESPONDENT.
EXHIBIT P8 : TRUE COPY OF THE DECISION OF THE 3RD RESPONDENT
DATED 04.11.013.
EXHIBIT P9 : TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT
DATED 08.11.2013 FILED BY PETITIONER.
EXHIBIT P10 : TRUE COPY OF THE NOTIFICATION APPEARED IN KERALA
KAUMUDI DAILY WITH RESPECT TO THE TENDER NO.30/2013 - 14 OF
THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P11 : TRUE COPY OF THE REPRESENTATION FILED BY PETITIONER
BEFORE THE 1ST RESPONDENT AGAINST THE ACTION OF 2ND AND
3RD RESPONDENT DATED 24.10.2013.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 29007 of 2013
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Dated this the 3rd day of December, 2013
JUDGMENT
The petitioner is stated as aggrieved of Ext.P10 re-tender of the work in respect of the earlier tender proceedings in which he came to be placed at 'L1' position.
2. The sequence of events is as follows:
A tender was floated by the respondent Water Authority for 'Annual Maintenance RC of WS Distribution Network of Kudappanakunnu area. In the course of proceedings pursued by the respondents, the petitioner's tender was found to be the lowest. When proceedings were pursued to award the work to the petitioner, some persons with vested interest joining hands with the All Kerala Water Authority Contractors' Association, approached this Court by filing W.P.(C).No. 21975/2013, which was disposed of as per Ext.P6 judgment (subsequently substituted with a proper one as directed vide order dated 28.11.2013 in I.A. No. 15979/2013), whereby the 3rd respondent in the said writ petition was directed to consider Exts. P3 to P7 W.P.C. No. 29007 of 2013 -2- therein and pass appropriate orders after giving an opportunity of hearing to the petitioners as well as the other tenderers/interested parties within the time as stipulated therein.
3. The case of the petitioner is that, pursuant to the said judgment, a meeting was convened, wherein the petitioners to Ext.P6 judgment did not turn up. However, after hearing the parties who appeared, including the petitioner herein, a decision was taken to verify the Residential Certificate of the petitioner and others. Subsequently, the petitioner was let known as per Ext.P8 dated 4.11.2013, that the respondent Water Authority was informed by the Corporation of Thiruvananthapuram that, Ext.P2 residential Certificate produced by the petitioner was proposed to be cancelled, being not in conformity with the actual facts and figures; also informing the petitioner as to the right to file appeal before the 2nd respondent. It was accordingly, that the petitioner has preferred Ext.P9 appeal, which is still pending consideration before the 2nd respondent. However, without any regard to the pendency of above proceedings, the 3rd respondent proceeded with re-tender inviting fresh tenders, to be opened on 4.12.2013. This made the petitioner to approach this Court by filing this writ W.P.C. No. 29007 of 2013 -3- petition for immediate interference, as Ext.P11 filed before the 1st respondent, did not turn to be fruitful.
4. Heard the learned Standing Counsel for the Water Authority, as well as the learned Standing Counsel for the Corporation.
5. Learned counsel for the Corporation points out that the crux of the prayers raised by the petitioner in this case is with reference to the course pursued by the respondent Water Authority that, if any proceedings have to be taken and finalized with regard to the Residential Certificate issued to the petitioner, it could only be after giving an opportunity of hearing to the petitioner. It is also stated that, respondent Corporation is ready to issue notice to the petitioner, as to the discrepency with regard to the residential status of the petitioner and that the proceedings will be finalized only after giving an opportunity of hearing to the petitioner.
6. In the said circumstance, the respondent Corporation is directed to issue notice, if any, to the petitioner as to the proposed steps in respect of Ext.P2, which shall be done within 'ten days' from the date of receipt of a copy of this judgment, W.P.C. No. 29007 of 2013 -4- upon which, it is for the petitioner to explain the facts and figures by filing written objections, if any. The proceedings shall be finalized by the respondents accordingly, at the earliest, at any rate, within 'three weeks' thereafter. Ext.P9 preferred by the petitioner shall be considered and appropriate orders shall be passed by the 2nd respondent in accordance with law, also ascertaining the version of the Corporation as to the Residential Certificate of the petitioner, which exercise shall be done within 'two months' from the date of receipt of a copy of this judgment. Further proceedings pursuant to Ext.P10 in respect of tender No. 30/2013-14 shall be kept in abeyance till such time.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for further steps. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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