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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