P.I. Liyakath Ali vs. State Of Kerala
Held
The Court upheld the rejection of the petitioner's new tender bids, finding that even an isolated transaction could disqualify him under the tender conditions. However, the Court set aside the order for automatic termination of existing contracts, allowing Supplyco to terminate them only with proper notice or upon appointment of new contractors, considering the petitioner's specific circumstances.
Facts
The petitioner, a transporting contractor for Supplyco, had his bids for new contracts rejected after a Vigilance report alleged he was engaged in rice business, violating tender Clause 11(e). Subsequently, an order was issued to terminate his existing contracts as well. The petitioner contended that he was not a regular rice dealer, having made only an isolated supply to Supplyco eight months prior, and was denied a proper hearing.
Key Issues
Whether the petitioner was rightly disqualified from new tenders based on alleged rice business activities. Whether existing contracts could be automatically terminated without proper procedure based on the same disqualification.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021/14TH MAGHA,1942 WP(C).No.25988 OF 2020(W) PETITIONER: P.I. LIYAKATH ALI, AGED 54, S/O IBRAHIM, PROPRIETOR, GOLD STAR, PUTHENVEETTIL HOUSE, NEDUMKANDAM, IDUKKI DISTRICT-685 553. BY ADVS. SRI.MOHAMED YOUSEFF T.M.(SR) SRI.SHAJI THANKAPPAN SRI.JOBI.A.THAMPI SRI.SUBIN K SUDHEER RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2 KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, MAVELIBHAVAN, MAVELI ROAD, GANDHI NAGAR, KADAVANTHRA, KOCHI-682 020. 3 DEPOT MANAGER, SUPPLYCO, UDUMPANCHOLA TALUK, NEDUMKANDAM P.O., IDUKKI DISTRICT, PIN-685 553. 4 DEPOT MANAGER, SUPPLYCO, IDUKKI TALUK, KATTAPPANA P.O., PIN-685 553, IDUKKI DISTRICT. 5 DEPOT MANAGER, SUPPLYCO, DEVEKULAM TALUK, MUNNAR P.O., IDUKKI DISTRICT, PIN-685 613. 6 MANAGER, NATIONAL FOOD SECURITY ACT(NFSA), SUPPLYCO HEAD OFFICE, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KADAVANTHARA, KOCHI-682 020. 7 THE VIGILANCE MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, (SUPPLYCO), MAVELIBHAVAN, MAVE
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