Manakuzhiyil Timbers vs Plantation Corporation Of Kerala Ltd

P.V.Kunhikrishnan, J

The above writ petition is filed with the following prayers:-

(I) To issue a writ in the nature of certiorari or any other appropriate writ order or direction and to quash Exhibit P7;

(ii) To declare that the petitioner being the next highest bidder pursuant to Exhibit P1 notification is entitled to have the tender settled in his favour for the amount quoted by him;

(iii) To issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondents to settle the tender pursuant to Exhibit P1 notification in favour of the petitioner and to award him the contract by accepting his quote;

(iv) To dispense with the English Translation of Vernacular Documents;

(v) Grant such other reliefs as may be prayed for and as the court may deem fit to grant and;

(vi) Grant the cost of the writ petition.

The main grievance of the petitioner is that this court as per Ext.P6 judgment directed the respondents to consider Ext.P4 and take a decision in it and till then further proceedings were deferred, and thereafter the respondents issued Ext.P7 tender notice, violating the same. Hence the writ petition.

Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

The learned counsel for the petitioner reiterated the contentions raised in this writ petition. The learned counsel also submitted that in the light of Ext.P7, it is clear that the respondents already took a decision. The learned standing counsel appearing for the respondents submitted that Ext.P7 is dated 26.05.2023, and it is on the date on which Ext.P6 judgment was delivered.

Whatever may be the contentions raised by the respondents, I am of the considered opinion that, when this court deferred all further proceedings based on Ext.P5, the respondents ought not have issued Ext.P7. It is true that Ext.P7 is dated 26.05.2023 on which date Ext.P6 judgment was delivered. Therefore, there can be a direction to defer all further proceedings based on Ext.P7 till orders are passed as directed by this court in Ext.P6 judgment. It is true that the standing counsel appearing for the respondents submitted that as per Ext.P7, the date only is extended till 12.06.2023. When this court directed to defer the entire proceedings based on Ext.P1, the respondents ought not have issued such a notice as evident from Ext.P7. So, Ext.P7 can be deferred till orders are passed as directed by this court. Therefore, the writ petition is disposed of with the following directions:

(i) The respondents are directed to defer all further proceedings based on Ext.P7, till orders are passed as directed by this court in Ext.P6 judgment and communicate the same to the petitioner.

(ii) With the abovesaid directions, the writ petition is disposed of.