Suresh Mathew vs. The Principal Chief Conservator Of Forests - Kerala High Court, 18 May 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUE AY, THE 18TH DAY OF MAY 2021 / 12TH MAGHA,1942 WP(C) NO 2653 OF 2021 PETITIONER:

SURESH MATHEW, S/O.K.M.MATHEW, AGED 61 YEARS,NEDUMCHIRAYIL HOUSE, S.H.MOUNT P.O., KOTTAYAM PIN 686 006 BY ADVS M.C.JOHN RESPONDENTS:

THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (PLANNING AND DEVELOPMENT), FOREST HEADQUARTERS, THIRUVANANTHAPURM PIN 695 014

THE CHIEF CONSERVATOR OF FORESTS SOUTHERN CIRCLE, KOLLAM PIN 691 001. 3. THE CHIEF FOREST OFFICER RANNI, PATHANAMTHITTA PIN 689 961

M/S.KOTTACKAL TIMBERS REP.BY MANAGING PARTNER, RAJAN MATHEW, AGED 64, KOTTACKAL HOUSE, ADOOR, PATHANAMTHITTA PIN 695 523 R1-R3 BY GOVERNMENT PLEADER SMT.K.M.RASHMI R4 BY ADV.SRI. MANU RAMACHANDRAN R4 BY ADV.SRI.SAMEER M.NAIR R4 BY ADV. SRI.T.S.SARATH R4 BY ADV. SRI. R.RAJESH (VARKALA) R4 BY ADV. SRI. M.KIRANLAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.2653/2021 2 JUDGMENT Dated this the 18th day of May, 2021 The petitioner states that he is a registered A Class Forest Contractor. Renewal of his registration for the year 2020-21 was not granted by the Registering Authority. Registration was renewed only in pursuance of Ext.P5 judgment of this Court. In the absence of registration, the tender submitted by the petitioner as Ext.P1 in response to Bid ID No.888278, was not considered. However, pursuant to the interim order of this Court, Ext.P1 was considered.

The petitioner would further state that the 4th respondent being a trader in timber, was not qualified to bid. The petitioner therefore submitted Ext.P4 representation to the respondents. The 3rd respondent however without considering the representation of the petitioner, is taking steps to award the work to the 4th respondent. The

WP(C) No.2653/2021 3 petitioner therefore prays that the 3rd respondent may directed to take up Ext.P4 representation and pass orders thereon taking into consideration the condition No.15 in Ext.P2 NIT.

The 4th respondent entered appearance and filed counter affidavit controverting all material contentions of the petitioner. The 4th respondent is not liable to be disqualified, contended the 4th respondent.

I have heard the learned counsel for the petitioner, learned Government Pleader representing respondents 1 to 3 and the learned counsel for the 4th respondent.

The petitioner has submitted Ext.P4 representation before the 3rd respondent. The case of the petitioner is that the 4th respondent is disqualified for making a bid pursuant to the NIT in question. The 4th respondent is a timber merchant, according to the petitioner.

WP(C) No.2653/2021 4

This is a disputed question of fact and therefore this Court is of the opinion that a factual adjudication on the issue should be made by the 3rd respondent, atleast at the first instance. In the circumstances, the writ petition is disposed of directing the 3rd respondent to consider Ext.P4 representation submitted by the petitioner within a period of six weeks, giving an opportunity of hearing to the petitioner as well as the 4th respondent. The 3rd respondent will be at liberty to grant the opportunity of hearing through virtual mode/video conferencing. N. NAGARESH JUDGE ncd/18.05.2021

WP(C) No.2653/2021 5 APPENDIX PETITIONER'S EXHIBTS EXHIBIT P1OF THE BID SUBMISSION CONFIRMATION DATED 18.06.2020. EXHIBIT P2OF THE NOTICE INVITING TENDER (NIT) DATED 27.07.2020 OF MALAYATTOOR DIVISION. EXHIBIT P3OF GST RETURN DETAILS DATED 20.03.2020 OF THE 4TH RESPONDENT EXHIBIT P4OF THE E-MAIL COMMUNICATION DATED 06.07.2020 TO 3RD RESPONDENT FROM PETITIONER EXHIBIT P5OF THE JUDGMENT DATED 28.09.2020 IN WPC NO.12389/2020 OF THIS HON'BLE COURT. EXHIBIT P6OF THE JUDGMENT DATED 16.11.2020 IN WP(C)NO.24241/2020 OF THIS HON'BLE COURT. EXHIBIT P7OF JUDGMENT DATED 19.01.2021 IN W.A.NO.1568/2020 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS EXHIBIT R4(a) THEOF THE NOTICE INVITING TENDER

(NIT)

AND THE TENDER NOTIFICATION

OF E-TENDER

DATED 25.05.2020 BY THE 3RD RESPONDENT EXHIBIT R4(b) THEOF THE INFORMATION GATHERED FROM THE 3RD RESPONDENT UNDER RTI VIDE NO.KNC10-1418/2021 DATED 26.02.2021. EXHIBIT R4(c) THEOF THE CROSS OBJECTION WITH FILING NO.471/2021. EXHIBIT R4(d) THEOF THE APPENDIX XX OF KERALA FOREST DEPARTMENT CODE.