Kerala High Court
Infra Elevators India (P) Ltd vs The State Of Kerala on 27 November, 2014
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 27TH DAY OF NOVEMBER 2014/6TH AGRAHAYANA, 1936
WP(C).No. 3407 of 2014 (A)
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PETITIONER :
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INFRA ELEVATORS INDIA (P) LTD.
35/2223, OPP ST. JOHN BAPTIST CHURCH
PALLI PRADAKSHINA ROAD, PALLI NADA, PALARIVATTOM
KOCHI - 682025, REPRESENTED BY ITS MANAGING DIRECTOR
BY ADVS.SRI.T.K.VIPINDAS
SRI.K.V.SREEVINAYAKAN
SRI.K.M.HASHIR
SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT(S) :
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1. THE STATE OF KERALA
REPRESENTED BY SECRETARY
PUBLIC WORKS DEPARTMENT,
THIRUVANANTAHPRUAM - 695001
2. THE SUPERINTENDING ENGINEER,
PWD ELECTRICAL DIVISON
OFFICE OF THE OF THE CHIEF ENGINEER
BUILDINGS & LOCAL WORKS,
THIRUVANANTHAPURAM - 33.
*ADDL. RESPONDENTS 3 TO 5 IMPLEADED
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*ADDL. R3. KONE (ELEVATORS)
41/1684, PUTHENKALAM, PEYOLI LANE
PUTHENKALAM, ERNAKULAM DISTRICT-682 018
REPRESENTED BY ITS MANAGING DIRECTOR
*ADDL. R4. OMEGA ELAVATORS
4TH, 3RD FLOOR, KURIAN TOWER
BANERJI ROAD, ERNAKULAM - 680 018
REPRESENTED BY ITS MANAGING DIRECTOR.
...2/-
WP(C).No. 3407 of 2014 (A)
*ADDL. R5. SCHINDLER INDIA PVT. LTD.,
IST FLOOR, P.C. CHAMBERS
ASHIRBHAVAN LANE, BANERJI ROAD
COCHIN - 682 018
REPRESENTED BY ITS MANAGING DIRECTOR.
*ADDL. R3 TO R5 ARE IMPLEADED AS PER ORDER IN IA NO. 11387/2014
DATED 27/11/2014.
R1 & R2 BY GOVT. PLEADER SRI. ABDUL SALAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-11-2014,
ALONG WITH WPC. 16012/2014 & WPC. 21385/2014, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 3407 of 2014 (A)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT P1 TRUE COPY OF THE GOVERNMENT PURCHASE ENLISTMENT
CERTIFICATE DATED 14-12-2011 ISSUED BY THE NATIIONAL SMALL
INDUSTRIES CORPORATION LTD.
EXHIBIT P2 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 28-01-2013
ISSUED BY THE SUPERINTENDING ENGINEER, PORT BLAIR CENTRAL
CIRCLE, ANDAMAN PUBLIC WORKS DEPARTMENT.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA TOURISM
DEVELOPMENT CORPORATION LTD DATED 17-05-2012.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE KERALA
SPORTS COUNCIL.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE
ELECTRICITY BOARD DATED 30-07-2009.
EXHIBIT P6 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 20-12-2011
ISSUED BY SUPERINTENDING ENGINEER & DEPUTY CHIEF ENGIEER,
PWD (MECHANICAL) IN RESPECT OF THE LIFT INSTALLED IN THE
KERALA LEGISLATIVE COMPLEX.
EXHIBIT P7 TRUE COPY OF THE KERALA LIFTS AND ESCALATORS RULES, 2012
PUBLISHED IN THE KERALA GAZETTE.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE
CHIEF ELECTRICAL INSPECTOR, DEPARTMENT OF ELECTRICAL
INSPECTORATE DATED 21-10-2013.
EXHIBIT P9 TRUE COPY OF THE TENDER NOTICE NO. EL-2 258E/13 DATED
19-04-2013.
EXHIBIT P10 TRUE COPY OF THE TENDER NOTICE NO. EL2 258E/13 DATED
20-05-2013.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO 13697 OF 2013 DATED
31-10-2013.
EXHIBIT P12 TRUE COPY OF THE TENDER NOTICE NO. ET 42/ SEELEC/13-14/SN
DATED 15-01-2014.
EXHIBIT P13 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT
ACKNOWLEDGING THE RECEIPT OF THE TENDER DOCUMENTS
PURSUANT TO EXHIBIT P12 ON 29-01-2014.
EXHIBIT P14 TRUE COPY OF THE TENDER NOTICE NO. ET 47/ SEELEC/13-14/SN
DATED 15-01-2014.
(Contd...)
WP(C).No. 3407 of 2014 (A)
EXHIBIT P15 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT
ACKNOWLEDGING THE RECEIPT OF THE TENDER DOCUMENTS
PURSUANT TO EXHIBIT P14 ON 29-01-2014.
EXHIBIT P16 TRUE COPY OF THE TENDER NOTICE NO. ET 48/ SEELEC/13-14/SN
DATED 15-01-2014.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN
WPC NO. 28755/2013 DATED 27-11-2013.
EXHIBITP18 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND REPSONDENT
ACKNOWLEDGING THE RECEIPT OF THE TENDER DOCUMENTS ON
29-01-2014
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
Mn
A. MUHAMED MUSTAQUE, J.
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W.P.(C) Nos. 3407, 16012 & 21385 of 2014
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Dated this the 27th day of November, 2014
J U D G M E N T
These petitioners are manufacturers of lifts. They approached this Court aggrieved by the various tenders being invited by the P.W. Department without complying with the provisions of the Kerala Lifts and Escalators Act and Rules made thereunder.
2. It seems the department has adopted invitation of limited tenders by inviting only few players who are engaged in the manufacture of lift. Ext.P20 produced in the W.P.(C) 16012/2014 indicates the name of manufactures. There was challenge before this Court on earlier occasion in respect of another tender.
4. According to the counsel for the petitioner that earlier tenders were challenged when there was no authorised manufactures registered with Electrical Inspector W.P.(C) Nos. 3407, 16012 & 21385/2014 -2- in terms of Kerala Lifts and Escalator Act and this Court allowed the Writ Petition directing to re-tender after inviting open tender. This was carried in appeal by the department. The judgment of the Writ Appeal No.491/2014 is placed before me by the learned counsel.
5. It is found by the Division Bench of this Court that calling for limited tenders is also an accepted method of inviting tenders, (though it was a challenge at the time when there were no authorised tenders registered with the Electrical Inspector). But the question that was considered by this Court was the fairness of the procedure adopted by the department. This Court found that there is nothing illegal in having a limited tender.
6. Therefore, I am of the view that above judgment is equally applicable to this case as the limited tender is permissible under law for the department. On that account, challenge is unsustainable.
W.P.(C) Nos. 3407, 16012 & 21385/2014 -3-
7. However, petitioner submits that in terms of the Act, a Government Order is issued on 25.09.2014 and it categorise lift companies by experience and other requirements and therefore, hereafter, tender shall be invited only in accordance with Government Order dated 25.09.2014. I am of the view that once a Government Order is issued indicating the manner which the tenders has to be invited in respect of the lifts, the department shall follow the Government Order mutatis mutandis. The petitioner is also at liberty to challenge the Government Order, if they have any grievance against the stipulations in the Government Order.
This Writ Petition is disposed of. No costs.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE jjj