Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 7TH DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 WP(C) NO. 7341 OF 2023 PETITIONER:
ABDUL RASHEED N AGED 52 YEARS S/O. ABDUL RAHMAN, PALLIYALIL HOUSE, ALATHOORPADI, MELMURI, MALAPPURAM DISTRICT -, PIN - 676517 BY ADV E.C.AHAMED FAZIL RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001 2 FOREST INDUSTRIES (TRAVANCORE) LIMITED THAIKKATTUKARA POST, ALUVA, ERNAKULAM DISTRICT - REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 683016 3 KALIKAVU GRAMA PANCHAYATH KALIKAVIU GRAMA PANCHAYATH OFFICE, KALIKAVU, MALAPPURAM DISTRICT - , REPRESENTED BY ITS SECRETARY, PIN - 676525 BY ADV EBIN MATHEW R1 - SMT.DEEPA NARAYANAN,SENIOR GOVERNMENT PLEADER R2- SRI.M.K.THANKAPPAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7341 of 2023 2 JUDGMENT Dated this the 7th day of March, 2023 The petitioner is an 'A class' civil contractor. The 3rd respondent Panchayat has invited Ext.P1 tender for selecting an accredited agency. The bid submitted by the petitioner was rejected for the reason that 'Not having experience certificate as per the tender document/completed work experience not uploaded'. According to the petitioner the petitioner had already uploaded the experience certificate of completed work as per the requirements. Petitioner has produced Ext.P3 to establish that, it is an experience certificate of a completed work. In my considered opinion, Ext.P3 is a contractors work register, wherein the date of completion of work as per the agreement is shown as 31.03.2023 with a defect liability period of five years.
According to the petitioner, since the date 31.01.2023 is available in the contractors work register it could be easily deciphered that the work was completed by the petitioner. It is also submitted by the petitioner that, since it is noticeable from
W.P.(C) No.7341 of 2023 3 Ext.P3 contractors work register that the date of completion is 31.01.2023 it could be treated as a completion certificate.
Therefore, petitioner seeks interference with the rejection of the tender by the respondents. The respondents appeared and submitted that the original date of completion of the work as per the agreement was 31.03.2021 which was extended to 31.01.2023 and still the work is not complete.
2.
Even according to the petitioner, some work is remaining but the case of the petitioner is that, it is an unexecutable work. In my considered opinion when the tender inviting authority prescribed a technical requirement of production of a completion certificate petitioner had to produce the same. What is produced by the petitioner admittedly is Ext.P3 contractors work register, which can never be said to be a substitute for a completion certificate to establish that the work was completed one month prior to the date of the notice inviting tender; which was the requisite condition.
Therefore, after having heard the learned counsel for the petitioner, Sri.Ahamed Fazil, learned Senior Government Pleader, Smt.Deepa Narayanan, respective Standing Counsel for
W.P.(C) No.7341 of 2023 4 the 2nd and 3rd respondents Sri.Thankappan and Sri.Ebin Mathew; I am of the view that, the petitioner has not established a case arbitrariness or illegality susceptible to be interfered in a proceeding under Article 226 of the Constitution of India.
Needless to say, writ petition fails, accordingly dismissed.
Sd/- SHAJI P. CHALY
JUDGE AP
W.P.(C) No.7341 of 2023 5 APPENDIX OF WP(C) 7341/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TENDER NOTICE NO.
1/LID&EW/TEN-1 DATED 06.12.2022 ISSUED BY THE ASSISTANT ENGINEER (LID & EW), KALIKAVU GRAMA PANCHAYATH Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE BID DOCUMENT DATED 17.02.2023 HAVING TENDER NO.
FIT/CP-49/2022-23 ISSUED BY THE FOREST INDUSTRIES (TRAVANCORE) LTD.
Exhibit P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE / WORK REGISTER OF PETITIONER ISSUED TO PETITIONER FROM DISTRICT SOIL CONSERVATION OFFICER, THRISSUR DATED NIL Exhibit P4 TRUE COPY OF PRELIMINARY AGREEMENT DATED 24.02.2023 EXECUTED BETWEEN FOREST INDUSTRIES (TRAVANCORE) LTD AND PETITIONER Exhibit P4(a) TRUE COPY OF PAN CARD OF PETITIONER HAVING NO. AESPA5995C DATED NIL Exhibit P4(b) TRUE COPY OF CONTRACTORS LICENSE OF PETITIONER DATED 14.06.2013 ISSUED FROM PWD (ROADS AND BRIDGES), NORTH CIRCLE KOZHIKODE Exhibit P4(c) TRUE COPY OF GST REGISTRATION OF PETITIONER HAVING GSTIN NO. 32AESPA5995CIZG DATED NIL Exhibit P4(d) TRUE COPY OF AADHAR CARD OF PETITIONER HAVING NO. 475796277933 DATED NIL Exhibit P4(e) TRUE COPY OF AFFIDAVIT OF PETITIONER DATED 24.02.2023 Exhibit P4(f) TRUE COPY OF CERTIFICATE OF INTEGRITY DATED 24.02.2023 EXECUTED BY PETITIONER Exhibit P4(g) TRUE COPY OF FORM OF TENDER DATED 24.02.2023 Exhibit P4(h) TRUE COPY OF TURN OVER CERTIFICATE OF PETITIONER DATED 24.02.2023 ISSUED BY KPI & COMPANY CHARTERED ACCOUNTANTS Exhibit P4(i) TRUE COPY OF EXPERIENCE CERTIFICATE / WORK REGISTER OF PETITIONER ISSUED TO PETITIONER FROM DISTRICT SOIL CONSERVATION OFFICER, THRISSUR DATED NIL Exhibit P5 TRUE COPY OF PRELIMINARY AGREEMENT DATED 24.02.2023 EXECUTED BETWEEN FOREST INDUSTRIES (TRAVANCORE) LTD AND PETITIONER Exhibit P5(a) TRUE COPY OF AFFIDAVIT OF PETITIONER DATED 24.02.2023 Exhibit P5(b) TRUE COPY OF CERTIFICATE OF INTEGRITY DATED 24.02.2023 EXECUTED BY PETITIONER Exhibit P5(c) TRUE COPY OF FORM OF TENDER DATED 24.02.2023
W.P.(C) No.7341 of 2023 6 Exhibit P5(d) TRUE COPY OF TURN OVER CERTIFICATE OF PETITIONER DATED 24.02.2023 ISSUED BY KPI & COMPANY CHARTERED ACCOUNTANTS Exhibit P5(e) TRUE COPY OF PAN CARD OF PETITIONER HAVING NO. AESPA5995C DATED NIL Exhibit P5(f) TRUE COPY OF CONTRACTORS LICENSE OF PETITIONER DATED 14.06.2013 ISSUED FROM PWD (ROADS AND BRIDGES), NORTH CIRCLE KOZHIKODE Exhibit P5(g) TRUE COPY OF GST REGISTRATION OF PETITIONER HAVING GSTIN NO. 32AESPA5995CIZG DATED NIL Exhibit P5(h) TRUE COPY OF AADHAR CARD OF PETITIONER HAVING NO. 475796277933 DATED NIL Exhibit P5(i) TRUE COPY OF EXPERIENCE CERTIFICATE / WORK REGISTER OF PETITIONER ISSUED TO PETITIONER FROM DISTRICT SOIL CONSERVATION OFFICER, THRISSUR DATED NIL Exhibit P6 TRUE COPY OF THE LIST OF BIDDERS INCLUDING THEIR STATUS WITH RESPECT TO 19 PROJECTS AS PER EXHIBIT P1, EXHIBIT P2 AND EXHIBIT P4 DATED NIL Exhibit P7 TRUE COPY OF THE LIST OF BIDDERS INCLUDING THEIR STATUS WITH RESPECT TO 52 PROJECTS AS PER EXHIBIT P1, EXHIBIT P2 AND EXHIBIT P5 DATED NIL