EDHENS CONSTRUCTIONS PVT. LTD Vs. KANTHALLOOR GRAMA PANCHAYATH
LAWS(KER)-2020-9-239
HIGH COURT OF KERALA
Decided on September 23,2020

Edhens Constructions Pvt. Ltd Appellant
VERSUS
Kanthalloor Grama Panchayath Respondents


Referred Judgements :-

R V. KENSINGTON INCOME TAX COMMISSIONERS [REFERRED TO]
PRESTIGE LIGHTS LTD VS. STATE BANK OF INDIA [REFERRED TO]
K D SHARMA VS. STEEL AUTHORITY OF INDIA LTD [REFERRED TO]
USHA NANTHINI VS. REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER [REFERRED TO]


JUDGEMENT

SHAJI P.CHALY,J. - (1.)This appeal is preferred by the writ petitioner challenging the judgment of learned Single Judge in W.P(C) No.28941/2019 dated 22.7.2020 whereby the learned Single Judge dismissed the writ petition on merits as well as on the ground that there was suppression of material facts in order to secure orders from the court, by imposing a cost of Rs.1,00,000/- payable by the appellant to the 1st respondent Grama Panchayat within three weeks from the date of receipt of a certified copy of the judgment, together with the amount payable by the appellant company towards cost of tender sets, GST and other statutory dues etc. Brief material facts for the disposal of the the appeal are as follows;
(2.)Appellant is a company registered under the Companies Act , 2013 which has filed the writ petition seeking to quash Ext.P8 tender notice issued by the Kanthallur Grama Panchayat dated 3.10.2019 and Ext.P9 tender notice issued by the Secretary of the very same Grama Panchayat dated 3.10.2019 on the ground that they are vague for want of specifications and the details of tenders. It has also sought for an alternative relief for a writ of mandamus commanding the Grama Panchayat and its Secretary to accept the tender on the basis of Ext.P8 and consider those tenders along with that of other bidders.
(3.)When the writ petition was posted for admission notice was issued by Special Messenger to all the respondents inclusive of the successful bidders and when the writ petition was posted on 1.11.2019 for further consideration, the writ court ordered that, if the tenders submitted by others have been considered, then the appellant's offer shall also be considered subject to further orders from the court. On 5.11.2019 it was further ordered by the writ court that the grant of contract, if any, by the Panchayat will be subject to further orders from the court.


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