Kerala High Court
K. Sreenivasan vs The Kerala State Civil Supplies ... on 6 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 32707 OF 2023
PETITIONER:
K. SREENIVASAN
AGED 60 YEARS
S/O NARAYANAN, RESIDING AT KOMATHU VEEDU, PAYYOLI POST,
PAYYOLI, KOZHIKODE, PIN - 673522
BY ADV S.SUJINI
RESPONDENTS:
1 THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD
MAVELI BHAVAN, P B NO. 2030, GANDHI NAGAR, KOCHI,
REP. BY IT'S CHAIRMAN AND MANAGING DIRECTOR,
PIN - 682031
2 THE CIVIL SUPPLIES COMMISSIONER
PUBLIC OFFICE BUILDING, NEAR MUSEUM,VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM, PIN - 695033
3 REGIONAL MANAGER
THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD,
REGIONAL OFFICE, JAIL ROAD, KOZHIKODE, PIN - 673004
4 SHAMEEM K.P.
AGED 41 YEARS
S/O MUHAMMED, KODUVAPARAMBAN, AR NAGAR,
MALAPPURAM, PIN - 676305
5 SHAMSUDHEEN
AGED 47 YEARS
S/O MOOSA KUTTY, U.K.HOUSE , PALLIKKAL, KARIPPUR,
MALAPPURAM, PIN - 673638
BY ADVS.
Molly Jacob [email protected]
P.A.MOHAMMED SHAH
RENOY VINCENT(K/000580/2017)
SHAHIR SHOWKATH ALI(K/000584/2019)
CHELSON CHEMBARATHY(K/001483/2019)
ABEE SHEJIRIK FASLA N.K(K/345/2018)
MUHAMED JUNAID V.(K/680/2020)
ADITH KRISHNAN.U.(K/001385/2023)
FATHIMA AFEEDA P.(K/001993/2022)
NABEEL SHAH IBRAHIM(K/003079/2023)
AYISHA T.S.(K/002571/2023)
SHIBU V.M.(K/002043/2023)
WP(C) NO. 32707 OF 2023 2
SMT. MOLLY JACOB, FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32707 OF 2023 3
JUDGMENT
The petitioner has approached this Court seeking a direction to the 1st respondent - Kerala State Civil Supplies Corporation Ltd. (SUPPLYCO) to terminate the contracts covered by Exts.P4 to P6 in favour of respondents 4 and 5, on the specific allegation that they have committed fraud and misrepresentation, in showing vehicles which were not theirs and in duplicating its numbers in multiple bid processes.
2. Smt.Molly Jacob - learned Standing Counsel for the SUPPLYCO, in response, submitted that, her client has already initiated action, including through an enquiry, against the allegations made by the petitioners; and that a preliminary report has been obtained, wherein, some truth has been found in one of the assertions made against the 5th respondent. She submitted that her client, therefore, will now complete the proceedings of enquiry, after hearing both sides and sought liberty for such.
3. Sri.P.A.Mohammed Shah - learned counsel appearing for respondent Nos.4 and 5, submitted that his clients have nothing to hide and that they are willing to co-operate with any enquiry being conducted, or to be conducted, by the 1 st respondent - SUPPLYCO. He WP(C) NO. 32707 OF 2023 4 submitted that, however, liberty may be reserved to his clients to file necessary documents and versions before the 1st respondent during such course.
4. The learned counsel for the petitioner - Smt.S.Sujini, submitted that even in the preliminary enquiry report of the 1 st respondent, which is reflected in their counter pleadings, would clearly establish the truth of her client's allegations.
Taking note of the afore submissions, I allow this writ petition and direct the 1st respondent to cause all necessary enquiries against respondents 4 and 5, based on the allegations made against them by the petitioner, after hearing all of them and affording them necessary opportunity of producing relevant documents; thus culminating in appropriate final order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/11.3 WP(C) NO. 32707 OF 2023 5 APPENDIX OF WP(C) 32707/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INTERIM ORDER OBTAINED IN WP© NO. 39609/2022 DATED 07.12.2022 , BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE INTERIM ORDER OBTAINED IN WP© NO. 6562/2023 DATED 24.02.2023, BY THE 5TH RESPONDENT Exhibit P3 TRUE COPY OF THE TENDER NOTICE NO. NFSA5- 41937/2021 DATED 02.02.2022 CONTAINING THE TERMS AND CONDITIONS FOR PROCURING TENDER FOR TRANSPORTATION OF RATION ARTICLES Exhibit P4 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 4TH RESPONDENT AND THE DEPOT MANAGER , KOYILANDI TALUK DATED 06.06.2022. Exhibit P5 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 5TH RESPONDENT AND THE DEPOT MANAGER , VADAKARA TALUK DATED 06.06.2022 Exhibit P6 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 5TH RESPONDENT AND THE DEPOT MANAGER , THAMARASSERY TALUK DATED 12.07.2022 Exhibit P7 TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE HON'BLE MINISTER OF CIVIL SUPPLIES DATED 02.03.2023 Exhibit P8 TRUE COPY OF THE REPRESENTATION THAT WAS FILED BY THE PETITIONER IN THE CAPACITY AS CONVENOR , LORRY THOZHILALI UNION, CO- ORDINATION COMMITTEE, THIKKODI FCI UNIT DATED 03.03.2023 ADDRESSED TO THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE REPRESENTATION THAT WAS FILED BY THE PETITIONER IN THE CAPACITY AS CONVENOR , LORRY THOZHILALI UNION, CO- ORDINATION COMMITTEE, THIKKODI FCI UNIT DATED 03.03.2023 ADDRESSED TO THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 09.07.2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.