Judgment
WP(C) NO. 15650 OF 2018 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944 WP(C) NO. 15650 OF 2018 PETITIONER:
T.V.K. CONSTRUCTIONS REPRESENTED BY MANAGING PARTNER, K RADHAKRISHNAN, P.B NO.59, MOONNUTHENGIL BUILDING, PADA SOUTH, KARUNAGAPALLY, KOLLAM DISTRICT.
BY ADVS.
SMT.S.SINDHU SRI.A.D.SHAJAN RESPONDENTS:
1 KERALA MINERALS AND METALS LTD MINERAL SEPARATION UNIT, KOVILTHOTTAM, CHAVARA 691 583, KOLLAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR.
2 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 ADDL R3 DEEPTHI TRANSPORT SERVICES VADAKKADAM BUILDING, IRE ROAD, KARITHURA, CHAVARA B.P.O, KOLLAM-691583, REP. BY MANAGING PARTNER, CALLISTUS ZACHARIA.
ADDL R3 IMPLEADED AS PER ORDER DATED 15.05.2018 IN I.A NO.8441/18
WP(C) NO. 15650 OF 2018 2 BY ADVS.
SMT.LATHA ANAND, SC, KERALA MINERALS AND METALS LIMITED SRI.V.V.NANDAGOPAL NAMBIAR SMT SAROJINI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15650 OF 2018 3 JUDGMENT In the year 2018, Kerala Minerals and Metals Ltd., invited a tender for highly mechanised loading and transportation of rubble boulders at the Mineral Separation Unit in Kovilthottam, Ponmana, Kollam from the Konni Medical College site. The petitioner complied with the requirements of the tender, and he was called for negotiations. The grievance of the petitioner is that the 1st respondent cancelled the tender and issued a fresh notification as per Ext.P8. The petitioner, asserting that the 1st respondent is granting undue favors to the other participants in providing additional time to comply with the requirements, has approached this Court and has filed this writ petition seeking the following reliefs:
1. Call for the records connected with the case.
2. Declare that the impugned action taken by the 1st respondent to exempt the disqualified persons and to allow them to participate in the tender process is arbitrary and illegal.
3. Direct the 1st respondent to act and take further proceedings as stipulated in Ext.P8 re-tender.
When the matter was taken up for consideration, Sri.Nandagopal Nambiar, the learned counsel appearing for the 3rd respondent, submitted that the tender was awarded and the entire work has been concluded.
WP(C) NO. 15650 OF 2018 4 I find that no interim orders were granted by this Court at any stage.
In that view of the matter, nothing further survives in this writ petition.
This writ petition is closed.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE IAP
WP(C) NO. 15650 OF 2018 5 APPENDIX OF WP(C) 15650/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE PARTNERSHIP NO. 32AAEFT 8222B2ZN DTD. 26/10/2017 ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P1(A) A TRUE COPY OF THE LIST OF PARTNERS IN TVK CONSTRUCTIONS.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF TENDER FORM NO.KMML/MS/MINES/R3/KMC/2018-19 DATED 21.3.2018 THROUGH E-TENDER PORTAL OF GOVERNMENT OF KERALA AS TENDER ID 2018- KMML-197467-1.
EXHIBIT P3 A TRUE COPY OF THE SOLVENCY CERTIFICATE DTD 31/3/2018 ISSUED BY ICICI BANK TO THE PETITIONER.
EXHIBIT P3 (A) A TRUE COPY OF THE PROFIT AND LOSS ACCOUNT STATEMENT OF THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE LETTER DTD. 27/3/2018 ISSUED BY PLAKKAL BUILDING MATERIALS AND SUPPLIERS CONFIRMED TO PROVIDE 12 NUMBERS OF BHARAT BENZ 2528C TRUCKS TO THE PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE LETTER DTD. 28/3/2018 ISSUED BY LASITHAA TRADING & CONTRACTING PVT. LTD. CONFIRMED TO PROVIDE 4 NOS. OF BHARAT BENS 2528 TRUCKS TO THE PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE LETTER DTD. 28/3/2018 ISSUED BY JVP & SONS CONFIRMED TO PROVIDE 2 NOS OF JS 200 TRACK EXCAVATOR TO THE PETITIONER.
WP(C) NO. 15650 OF 2018 6 EXHIBIT P7 A TRUE COPY OF THE LETTER DTD. 17/4/2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P8 A TRUE COPY OF EXTRACT OF THE 2ND TENDER INVITED ALONG WITH ANNEXURES II AND III EXHIBIT P9 A TRUE COPY OF THE LETTER DTD. 4/5/2018 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE RECEIPT OF COURIER SIGNED BY SACKSON ON 30/5/2018.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF GOVERNMENT ORDER DATED 20.4.2018 EXHIBIT R1(B) TRUE COPY OF ORDER DATED 7.7.2018