K.M. Mohammed Aslam vs. State Of Kerala
Held
The Court upheld the 2nd respondent's right to cancel the initial tender and issue a new, more transparent e-tender, noting that the petitioner had no indefeasible right until the contract was concluded. The Court recorded the respondent's submission that the GST registration requirement would not be insisted upon if an affidavit was provided by the bidder.
Facts
The petitioner participated in a tender for leasing space at a ferry terminal and quoted the highest rate. The 2nd respondent cancelled this tender, stating the highest bid was below the expected rent, and issued a fresh e-tender with new conditions, including a base rate and requirements for a Digital Signature Certificate and GST registration. The petitioner challenged the cancellation and the new tender conditions.
Key Issues
Whether the cancellation of the initial tender, despite the petitioner being the highest bidder, was valid, and if the conditions of the subsequent re-tender, particularly the GST registration requirement, were legally permissible.
Sections Cited
None mentioned
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944 WP(C) NO. 20547 OF 2022 PETITIONER/S: K.M. MOHAMMED ASLAM AGED 53 YEARS S/O. LATE K.H. MOHAMMED, PALLATHUPARAMBIL HOUSE, PONJIKKARA NORTH, KOCHI , PIN - 682504 BY ADVS. SUNIL V.MOHAMMED MANOJ N. AJITHA APPU M.S.NEETHUMOL AADIL SHAH A.S. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF KERALA, PIN - 682031 2 MANAGING DIRECTOR KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., UDAYA NAGAR ROAD, GANDHI NAGAR, ERNAKULAM , PIN - 682020 OTHER PRESENT: GP AMMINIKUTTY K.; SC FOR KSINC SANTHOSH MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20547 OF 2022 2 JUDGMENT Dated this the 24th day of June, 2022 The 2nd respondent had issued Exhibit P1 notice of request for proposal to lease out space for a bunk at the KSINC Ferry Terminal. The petitioner participated in the tender and quoted the highest rate. Instead of awarding the tender in the petitioner's favour, the second respondent invited fresh tenders as per Ext.P6. The pet
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.