Adhilsha vs. State Of Kerala
Held
The Court found the municipality's actions suspicious and hasty, especially since the petitioner's full bid amount was in the municipality's account when the contract was awarded to the third respondent at a significantly lower rate. The Court quashed the award to the third respondent and directed the municipality to execute the contract with the petitioner.
Facts
The petitioner was the highest bidder in an e-tender for an exhibition contract. Despite depositing a significant portion of the bid amount and starting preparatory work, the contract was awarded to a lower bidder after alleged delays in payment and dishonored cheques. The petitioner claims the municipality acted with undue haste and bias.
Key Issues
Whether the municipality acted arbitrarily and with bias in cancelling the contract awarded to the petitioner and awarding it to a lower bidder, despite the petitioner making substantial payments and the full bid amount being available.
Sections Cited
Not explicitly mentioned in the provided text.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945 WP(C) NO. 4602 OF 2024 PETITIONER: ADHILSHA, AGED 48 YEARS S/O. MUHAMMED ILLYAS,VILLIKKULATH VAYALIL VEEDU, ALAYAMON P.O.,ANCHAL, KOLLAM, PIN - 691306 BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M. VINEETHA BOSE RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPT. OF LSGD, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695601 2 THE ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALUVA P.O.,ERNAKULAM, PIN - 683101 3 FUN WORLD & RESORTS INDIA PVT. LTD REGISTERED OFFICE AT PALACE GROUNDS (OPPOSITE TV TOWER, JC NAGAR, BANGALORE - 560006 REPRESENTED BY ITS MANAGING DIRECTOR ADDL.R4 4 FEDERAL BANK, ALUVA, REPRESENTED BY THE MANAGER [ADDL.R4 IMPLEADED SUO MOTU AS PER ORDER DATED 15/2/2024 IN WP(C) 4602/2024] BY ADVS.K.T.THOMAS T.M.RAMAN KARTHA NIKHIL BERNY MANJU R. KARTHA REVATHY M.A. GREESHMA T.G. SNEHA BRIGIT PRINCE M.S.KIRAN, SC, ADDL.R4
WP(C).No.4602/2024 2 B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME
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