Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO.6201 OF 2023 PETITIONER :- SHIJU THOMAS, AGED 43 YEARS S/O.THOMAS, PALLIVATHUKKAL HOUSE, CHILAVU P.O., THODUPUZHA, PIN – 685 588.
BY ADV GEORGEKUTTY MATHEW RESPONDENTS :- 1 THE MISSION DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE PROJECT (KERALA), KERALA STATE MISSION OFFICER, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE COMPOUND, THIRUVANANTHAPURAM, PIN – 695 033 2 THE KANJIKUZHY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY KANJIKUZHY P.O, IDUKKI, PIN – 685 606 SRI.SARATHKUMAR.T.S-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.6201 OF 2023 -: 2 :- JUDGMENT Dated this the 1
st day of March, 2023 This writ petition is filed seeking the following reliefs :- “(i) Issue a writ of mandamus directing the 2nd respondent not to reject Ext.P2 lowest tender quotation submitted by the petitioner for the reason that Ext.P4 GST registration Certificate and Ext.P5 PWD contractor registration certificate could not be uploaded in online along with Ext.P2 due to technical error in the website of the Panchayat but submitted physically, in the interest of justice.
(ii) Declare that the physical submission of Ext.P4 and Ext.P5 by the petitioner due to the error in the website of the respondent is proper, correct and sufficient for awarding Ext.P1 work to the Ext.P2 lowest tender quoted by the petitioner, in the interest of justice.” 2.
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent Panchayat.
3.
It is submitted by the learned counsel for the petitioner that the 2nd respondent had invited Ext.P1 tender for the supply of construction materials for a work undertaken for the 1st respondent. It is submitted that the petitioner had uploaded his tender within the permitted time by Ext.P2.
WP(C) NO.6201 OF 2023 -: 3 :- However, Ext.P4 GST Registration Certificate and Ext.P5 PWD Registration Certificate could not be uploaded due to a server problem and the same was submitted physically within the time provided before the Panchayat. It is submitted that the petitioner had also preferred Ext.P8 informing the 2nd respondent of the server error and seeking to accept Exts.P4 and P5. The learned counsel for the petitioner submits that copies of Exts.P4 and P5 was manually made available by the petitioner before the last date for submitting the application by post. It is submitted that the petitioner apprehends that his tender will not be considered by the Panchayat though Ext.P10 tender summary would show that his tender is the lowest tender.
4.
Having heard the learned Standing Counsel appearing for the 2nd respondent also, I am of the opinion that the request made by the petitioner is liable to be considered.
There will, accordingly, be a direction to the Secretary to take up Ext.P8 request made by the petitioner and to consider and pass orders on the same, specifically taking note of the fact that the tender is duly submitted by the
WP(C) NO.6201 OF 2023 -: 4 :- petitioner and that copies of Exts.P4 and P5 are also made available before the last date for submission. Appropriate orders shall be passed within a period of two weeks from the date of receipt of a copy of this judgment, after putting the petitioner on notice and after hearing him.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE Jvt/2.3.2023
WP(C) NO.6201 OF 2023 -: 5 :- APPENDIX OF WP(C) 6201/2023 PETITIONER EXHIBITS ExhibitP1 TRUE COY OF THE NOTIFICATION DATED 23-12-2022 INVITING TENDER ISSUED BY THE 2ND RESPONDENT ExhibitP2 TRUE COPY OF THE PRINT OUT OF THE TENDER QUOTATION DATED 12-01-2023 SUBMITTED BY THE PETITIONER IN ONLINE ExhibitP3 TRUE COPY OF THE PRINT OUT OF THE RECEIPT ACKNOWLEDGING THE SUBMISSION OF EXT.P2 ON 12-01- 2023 ExhibitP4 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER DATED 17-07-2018 ExhibitP5 TRUE COPY OF THE PUBLIC WORKS DEPARTMENT (PWD) REGISTRATION CERTIFICATE OF THE PETITIONER DATED 02-12-2019 ExhibitP6 TRUE COPY OF THE PRINT OUT OF THE COMPLAINT DATED 12-01-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
ExhibitP7 TRUE COPY OF THE RECEIPT DATED 13-01-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ExhibitP8 TRUE COPY OF THE PETITION DATED 13-01-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ExhibitP9 TRUE COPY OF THE EXT.P6 WITH ACKNOWLEDGEMENT OF RECEIPT BY THE 2ND RESPONDENT ON 13-01-2023 ExhibitP10 TRUE COPY OF THE PRINT OUT OF THE TENDER SUMMARY DETAILS PUBLISHED IN THE WEBSITE OF THE 2ND RESPONDENT