Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945 WP(C) NO. 8013 OF 2023 PETITIONER:
M/S.NEON TECHNOLOGIES, REPRESENTED BY ITS PROPRIETOR, RENJITH P LUKOSE @ LUKOSE PONNAMBEL RENJITH X-1459, IDUKKI COLONY P.O., CHERUTHONY IDUKKI, KERALA - 685602 BY ADVS.
NELSON JOSEPH MADHU RADHAKRISHNAN M.D.JOSEPH DEEPAK ASHOK KUMAR RESPONDENTS:
1 KONNATHADY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KONNATHADY IDUKKI - 685604 2 THE SECRETARY, KONNATHADY GRAMA PANCHAYAT, IDUKKI - 685604 3 THE PRINCIPAL SECRETARY, THE LOCAL SELF GOVERNMENT DEPARTMENT, GOVT OF KERAALA, SECRETARIAT, THIRUVANANTHAPURAM - 695001 4 JOLLY JOSE, S/O JOSE, THEKKETHERUVIL HOUSE, MUKKUDOM P.O., IDUKKI - 685562 R1 & R2 BY ADVS.
JOICE GEORGE, SC, KONNATHADY GRAMA PANCHAYATH R4 BY ADV.BABU JOSEPH KURUVATHAZHA R3 BY GP SRI. B.S.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.8013 of 2023 2 VIJU ABRAHAM, J.
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W.P.(C) No.8013 of 2023 .................................................................
Dated this the 10th day of April, 2023 JUDGMENT When the matter was taken up for consideration, the learned counsel for the petitioner submitted that he has already approached the Ombudsman under the MGNREGA Scheme raising the very same contentions and he intends to pursue the same and that he seeks for permission to withdraw the case with liberty to pursue his contentions before the Ombudsman under the MGNREGA Scheme.
Granting such liberty, the writ petition is dismissed as withdrawn. The interim order granted will be in force for a period of one week for the sole purpose of the petitioner to move the Ombudsman. The Ombudsman shall take a decision in the matter, untrammelled by any of the observations made by this Court or even the interim order passed by this Court, after affording an opportunity of being heard to respondent Nos.1, 2 and 4.
Sd/- VIJU ABRAHAM JUDGE cks
WP(C) No.8013 of 2023 3 APPENDIX OF WP(C) 8013/2023 PETITIONER EXHIBITS Exhibit P1 GST REGISTRATION CERTIFICATE OF THE PETITIONER ISSUED ON 18-04-2018 Exhibit P2 E-TENDER NOTICE DATED 10-02-2023 ISSUED BY KONNATHADY GRAMA PANCHAYAT Exhibit P3 SUMMARY OF THE BIDS DATED 22-02-2023 Exhibit P4 LETTER DATED 28-02-2023 ISSUED BY PETITIONER TO 1ST RESPONDENT Exhibit P5 APPLICATION DATED 28-02-2023 UNDER THE RTI ACT FILED BY PETITIONER Exhibit P6 ORDER OF THE 2ND RESPONDENT DATED 31-03- 2012 Exhibit P7 (a) Details of the Vehicle number KL06K2217 Exhibit P7 (b) Certificate of Registration of Vehicle number KL06K2217 dated 23-01-2021 Exhibit P8 Letter dated 12-03-2020 issued by Kumali Grama Panchayat to the petitioner Exhibit P9 Letter dated 11-10-2022 issued by Peruvanthanam Grama Panchayat to the Petitioner Exhibit P10 Letter dated 11-01-2023 issued by Kamakshi Grama Panchayat to the petitioner Exhibit P11 REPLY DATED 24-3-2023 TO THE RTI APPLICATION FILED BY THE PETITIONER Exhibit P12 INTERIM ORDER DATED 30-03-2023 ISSUED BY THE OMBUDSMAN, MAHATMA GANDHI NREGS, IDUKKI RESPONDENT EXHIBITS Exhibit R1(a) THE COPY OF THE RESOLUTION TAKEN BY THE PANCHAYATH COMMITTEE ON 27/02/2023 Exhibit R1(b) THE COPY OF THE SELECTION NOTICE DATED 2/03/2023 ISSUED TO THE 4TH RESPONDENT Exhibit R1(c) THE COPY OF THE TENDER FROM WHICH SHOWS THAT COPY OF THE CONTRACT LICENSE IS ALSO TO BE UPLOADED Exhibit R4(a) True copy of the Contractors' Registration Card of the 4th respondent
WP(C) No.8013 of 2023 4 bearing Reg. No.1A/SEMICC/EKM/2002, issued by the Superintending Engineer, Minor Irrigation Central Circle, Ernakulam, valid up to 31.3.2023.
Exhibit R4(b) True copy of the 1st page of the tender application document dated 10.2.2023, made available in the website of the 1st respondent.
Exhibit R4(c) True copy of the agreement dated 2.3.2023 executed between the 2nd respondent and 4th respondent.
Exhibit R4(d) True copy of the letter dated 2.3.2023 issued by the 2nd respondent to the 4th respondent.
Exhibit R4(e) True copy of the schedule of work published along with Ext.P2.
Exhibit R4(g) True copy of the certificate of registration of the vehicle( Tipper Lorry ) owned by the 4rth respondent.
Exhibit R4(f) True copy of certificate issued by the 2nd respondent certifying that the 4rth respondent was an existing contractor under the 1st respondent.
Exhibit R4(h) True copy of the gate passes issued to the 4rth respondent , in connection with the supply of materials.