Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 WP(C) NO. 34870 OF 2023 PETITIONER:
R SURESH KUMAR, AGED 53 YEARS S/O RAVEENDRAN (LATE), VAIKUNDAM, TC 79/962 (1), KARIKKAKOM P.O, THIRUVANANTHAPURAM - 695021 J.JULIAN XAVIER FIROZ K.ROBIN ANIES MATHEW ROY JOSEPH NIRMAL KURIEN EAPEN MARTIN K.J.
RESPONDENTS:
1 STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SUPERINTENDING ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT OFFICE OF THE SUPERINTENDING ENGINEER LSGD SE- THIRUVANANTHAPURAM CORPORATION, PIN - 695033 3 ASSISTANT EXECUTIVE ENGINEER (AEE 3) LID & EW SECTION, THIRUVANATHAPURAM CORPORATION, VIKASBHAVAN, THIRUVANANTHAPURAM, PIN - 695033 4 SANTHOSH KUMAR P.T., P.T COTTAGE, SOUTH ROAD, MUDAVANMUGAL THIRUVANANTHAPURAM, PIN - 695632 N.KRISHNA PRASAD A.MOHAMMED FAIZAL(M-275) P.SHANES METHAR(K/968/2004) PUSHPARAJ.K.P(K/1098/2012) BHARATH MOHAN(K/1392/2020) SUMAN CHAKRAVARTHY SUNIL KUMAR KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH WP(C).34949/2023, 35010/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34870 OF 2023 & con.cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 WP(C) NO. 34949 OF 2023 PETITIONER:
R SURESH KUMAR, AGED 53 YEARS S/O RAVEENDRAN (LATE), VAIKUNDAM, TC 79/962 (1), KARIKKAKOM P.O, THIRUVANANTHAPURAM - 695021 J.JULIAN XAVIER ROY JOSEPH FIROZ K.ROBIN ANIES MATHEW MARTIN K.J.
NIRMAL KURIEN EAPEN RESPONDENTS:
1 STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SUPERINTENDING ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT OFFICE OF THE SUPERINTENDING ENGINEER LSGD SE- THIRUVANANTHAPURAM CORPORATION, PIN - 695033 3 ASSISTANT EXECUTIVE ENGINEER (AEE 3) LID & EW SECTION, THIRUVANATHAPURAM CORPORATION, VIKASBHAVAN, THIRUVANANTHAPURAM, PIN - 695033 4 SANTHOSH KUMAR P.T P.T COTTAGE, SOUTH ROAD, MUDAVANMUGAL THIRUVANANTHAPURAM, PIN – 695632 N.KRISHNA PRASAD A.MOHAMMED FAIZAL(M-275) P.SHANES METHAR(K/968/2004) PUSHPARAJ.K.P(K/1098/2012) BHARATH MOHAN(K/1392/2020)
WP(C) NO. 34870 OF 2023 & con.cases 3 SUMAN CHAKRAVARTHY SUNIL KUMAR KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH WP(C).34870/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34870 OF 2023 & con.cases 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 WP(C) NO. 35010 OF 2023 PETITIONER:
R SURESH KUMAR, AGED 53 YEARS S/O RAVEENDRAN (LATE), VAIKUNDAM, TC 79/962 (1), KARIKKAKOM P.O, THIRUVANANTHAPURAM, PIN - 695021 J.JULIAN XAVIER FIROZ K.ROBIN ROY JOSEPH ANIES MATHEW MARTIN K.J.
NIRMAL KURIEN EAPEN RESPONDENTS:
1 STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SUPERINTENDING ENGINEER LOCAL SELF GOVERNMENT DEPARTMENT OFFICE OF THE SUPERINTENDING ENGINEER LSGD SE- THIRUVANANTHAPURAM CORPORATION, PIN - 695033 3 EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT OFFICE OF THE SUPERINTENDING ENGINEER LSGD SE- THIRUVANANTHAPURAM CORPORATION, PIN - 695033 4 ASSISTANT EXECUTIVE ENGINEER (AEE 3) LID & EW SECTION, THIRUVANATHAPURAM CORPORATION, VIKASBHAVAN, THIRUVANANTHAPURAM, PIN – 695033
WP(C) NO. 34870 OF 2023 & con.cases 5 5 ANIL KUMAR C., PODUVAL VEEDU, THIRUPURAM P.O, THIRUVANANTHAPURAM, PIN – 695525 6 SAJEEV MATHAI, THENGUVILAYIL (H), THILAK NAGAR, PAROTTOKONAM, NALANCHIRA P.O, THIRUVANANTHAPURAM, PIN - 695015 7 BABU S., BC HOUSE, EDACODE, NEMOM P.O THIRUVANANTHAPURAM, PIN - 695020 Addl.8 THIRUVANANTHAPURAM CORPORATION REP. BY ITS SECRETARY, THIRUVANANTHAPURAM - 695033 (ADDL.R8 IMPLEADED VIDE ORDER DATED 01-11-2023 IN W.P(C) 35010/23).
SUMAN CHAKRAVARTHY N.KRISHNA PRASAD A.MOHAMMED FAIZAL(M-275) P.SHANES METHAR(K/968/2004) PUSHPARAJ.K.P(K/1098/2012) BHARATH MOHAN(K/1392/2020) SUNIL KUMAR KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2023, ALONG WITH WP(C).34870/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34870 OF 2023 & con.cases 6 JUDGMENT [WP(C) Nos.34870/2023, 34949/2023, 35010/2023] The afore three writ petitions have been filed by the same petitioner, who impels a common grievance with respect to three different tendering processes, notified by the Superintending Engineer, Local Self Government Department of the Government of Kerala. His singular allegation is that the tenderers who have now been found qualified through the afore processes, did not upload their documents under “Digital Signature”, even though it is specifically mandated to be done so, under the applicable Manual and Regulations. He says that this is manifest because, none of the documents produced before this Court, even pending this lis, have the digital signature of such tenderers; and thus prays that all such tenders be ordered to be rejected and that his tenders alone be directed to be considered, because all of them contain “Digital Signatures”.
2. However, Sri.N.Krishna Prasad, learned counsel appearing for the party respondents in all these cases, submitted that the petitioner has approached this Court under a misdirection regarding the manner in which the online site
WP(C) NO. 34870 OF 2023 & con.cases 7 operates qua the tendering processes. He submitted that it is not necessary that each document bear the digital signature of the tender offerer because, the manner in which the site operates is that it can be logged in only with a digital signature and every document is then uploaded under its sanction. He submitted that, therefore, the digital signature in each of the pages may not be visible, though it is certainly possible for the Authorities to verify whether it is supported by the same. He argued that in these cases, all the papers were so sanctioned and therefore, that these writ petitions are unnecessary and, in fact, mischievous.
3. Sri.Suman Chakravarthy – learned standing counsel for the Corporation of Thiruvananthapuram, in response, submitted that his client has filed a statement in W.P.(C) No.34870/2023, explaining the true facts. He argued that his client verified the documents preferred by the party respondents in these cases under the aegis of the “IT Mission, Kerala e-procurement” and that they have certified, through the Annexures produced along with the counter affidavit/statement in these matters - one of them being Annexure R3(a) in W.P.(C) No.34870/2023, that every document contains a digital signature, though not physically visible. He
WP(C) NO. 34870 OF 2023 & con.cases 8 submitted that, therefore, these writ petitions are only deserving of being dismissed, particularly when the projects have been held up and it is causing a burden to the exchequer, because they have to be completed within strict time frames, or else the amounts would lapse.
4. In reply, Sri.Julian Xavier – learned counsel for the petitioner, in reply, argued that the afore submissions of the Corporation are not accurate; and that, in any event, the final decision will have to be taken by the Superintending Engineer, who is the authorised officer in the contracting processes. He submitted that, therefore, his client will be satisfied if the Superintending Engineer is directed to hear them, before finalising the contracts.
5. However, at this time, the learned Government Pleader intervened to say that the Superintending Engineer has already processed the tender documents of all the tenderers, to find that they are all supported or sanctioned by necessary Digital Signatures. He added that this is affirmed by Annexure R3(a) in W.P.(C) No.34870/2023, which is the communication issued by “IT Mission, Kerala e-procurement”, being the competent Authority.
WP(C) NO. 34870 OF 2023 & con.cases 9 6. In the afore scenario, I am afraid that the afore request of Sri.Julian Xavier cannot be acceded to because, the stage where the Superintending Engineer scrutinises the documents is stated to be long over. This is affirmed by the learned Government Pleader also, as seen above.
Sri.Suman Chakravarthy, in fact, adds that the papers are now before the Corporation and that its Mayor has taken a decision in principle to place the matter before the Council for its final approval.
7. Of course, if the petitioner has any further grievance, he can take up the matter with the Council appropriately; though clarifying that this is not because this Court has found affirmatively in his favour.
Resultanly, these writ petitions are dismissed; however, with the afore liberty open to the petitioner, but clarified that it will be up to the Corporation to deal with the same in any manner that they may deem fit in terms of law.
Sd/- DEVAN RAMACHANDRAN JUDGE stu
WP(C) NO. 34870 OF 2023 & con.cases 10 APPENDIX OF WP(C) 34949/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE INVITING TENDER NO. LSGD/CELSGD/14701/2023-2024 DATED 23.07.2023 ISSUED BY 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE BID DOCUMENT DIGITALLY SIGNED BY THE PETITIONER WITH REGARD TO WORK MENTIONED IN EXT.P1 Exhibit P3 PETITIONER OBTAINED THE DETAILS OF PROPERTIES OF DIGITAL SIGNATURE FROM GOOGLE AND A PRINTOUT OF THE SCREEN SHORT REGARDING THE PROPERTIES OF DIGITAL SIGNATURE Exhibit P4 PRINTOUT OF THE TENDER SUMMARY REPORT DATED 16.10.2023 STATING STATUS AS ON 27.09.2023 Exhibit P5 TRUE COPY OF THE PRELIMINARY AGREEMENT SUBMITTED BY THE 4TH RESPONDENT DATED 19.09.2023 Exhibit P6 TRUE COPY OF THE PETITION DATED 27.09.2023 E-FILED ON THE SAME DATE TO THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 10.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P8 COPY OF THE JUDGMENT DATED 17.11.2022 IN W.P (C) NO.30080/2022 RESPONDENT ANNEXURES Annexure R3(a) A true copy of the communication received from IT Mission Kerala e-procurement with relevant documents
WP(C) NO. 34870 OF 2023 & con.cases 11 APPENDIX OF WP(C) 35010/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE INVITING TENDER NO.
LSGD/CELSGD/28004/2023-2024 DATED 05.09.2023 ISSUED BY 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE BID DOCUMENT WITH REGARD TO WORK MENTIONED IN EXT.P1 Exhibit P3 PETITIONER OBTAINED THE DETAILS OF PROPERTIES OF DIGITAL SIGNATURE FROM GOOGLE AND A PRINTOUT OF THE SCREEN SHORT REGARDING THE PROPERTIES OF DIGITAL SIGNATURE Exhibit P4 PRINTOUT OF THE TENDER SUMMARY REPORT DATED 16.10.2023 STATING STATUS AS ON 16.09.2023 Exhibit P5 TRUE COPY OF THE PRELIMINARY AGREEMENT SUBMITTED BY THE 5TH RESPONDENT DATED 14.09.2023 Exhibit P6 TRUE COPY OF THE PRELIMINARY AGREEMENT SUBMITTED BY THE 6TH RESPONDENT DATED 11.09.2023 Exhibit P7 TRUE COPY OF THE PRELIMINARY AGREEMENT SUBMITTED BY THE 7TH RESPONDENT DATED WEDNESDAY, SEPTEMBER 2023 Exhibit P8 TRUE COPY OF THE PRELIMINARY AGREEMENT SUBMITTED BY THE PETITIONER DATED 12.09.2023 Exhibit P9 TRUE COPY OF THE PETITION DATED 27.09.2023 E-FILED ON THE SAME DATE TO THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 10.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
WP(C) NO. 34870 OF 2023 & con.cases 12 Exhibit P11 COPY OF THE JUDGMENT DATED 17.11.2022 IN W.P (C) NO.30080/2022 Ext.P12 True copy of the format for integrity PACT certificate submitted by the 5th respondent Ext.P12 (a) True copy of the requisition for e-payment dated 14.09.2023 submitted by the 5th respondent Ext.P12 (b) True copy of the affidavit submitted by the 5th respondent Ext.P13 True copy of the affidavit dated 11.09.2023 submitted by the 6th respondent Ext.P13 (a) True copy of the requisition for e-payment dated 11.09.2023 submitted by the 6th respondent Ext.P13 (b) True copy of the format for integrity PACT certificate submitted by the 6th respondent Ext.P13 (c) True copy of the form of tender dated 11.09.2023 submitted by the 6th respondent Ext.P14 True copy of the format for integrity PACT certificate submitted by the 7th respondent Ext.P14(a) True copy of the GST registration certificate of the 7th respondent dated 17.07.2018 Ext.P15 True copy of the relevant pages of standard bid document particularly page numbers 4, 9 and 10 Ext.P16 True copy of the Letter No.
DB2/503/2022/LSGD dated 05.01.2023 issued by the 1st respondent to the Chief Engineer, LSGD
WP(C) NO. 34870 OF 2023 & con.cases 13 RESPONDENT EXHIBITS Exhibit-R8(a) A true copy of the communication received from IT Mission Kerala e-procurement PETITIONER EXHIBITS Exhibit P17 TRUE COPY OF THE CERTIFICATE DATED 21.11.2023 ISSUED BY VASANTHAM COMPUTERS, THIRUVANANTHAPURAM
WP(C) NO. 34870 OF 2023 & con.cases 14 APPENDIX OF WP(C) 34870/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE INVITING TENDER NO.
LSGD/CELSGD/TR/57295/2023 DATED 23.07.2023 ISSUED BY 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE BID DOCUMENT DIGITALLY SIGNED BY THE PETITIONER WITH REGARD TO WORK MENTIONED IN EXT.P1 Exhibit P3 PETITIONER OBTAINED THE DETAILS OF PROPERTIES OF DIGITAL SIGNATURE FROM GOOGLE AND A PRINTOUT OF THE SCREEN SHORT REGARDING THE PROPERTIES OF DIGITAL SIGNATURE Exhibit P4 PRINTOUT OF THE TENDER SUMMARY REPORT DATED 16.10.2023 STATING STATUS AS ON 27.09.2023 Exhibit P5 TRUE COPY OF THE PRELIMINARY AGREEMENT SUBMITTED BY THE 4TH RESPONDENT DATED 19.09.2023 Exhibit P6 TRUE COPY OF THE PETITION DATED 27.09.2023 E-FILED ON THE SAME DATE TO THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 10.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P8 COPY OF THE JUDGMENT DATED 17.11.2022 IN W.P (C) NO.30080/2022 RESPONDENT ANNEXURES Annexure R3(a) A true copy of the communication received from IT Mission Kerala e-procurement with relevant documents