PRAKASAN T. K. v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-15. PRAKASAN T. K. v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE V. G. ARUN TH MONDAY, THE 15 DAY OF JULY 2024 / 24TH ASHADHA, 1946 WP(C) NO. 23831 OF 2024 PETITIONER: PRAKASAN T. K. AGED 53 YEARS S/O. KUMARAN T. I. , RESIDING AT THEKKEDATH HOUSE, KUNDALIYUR, THRISSUR, PIN - 680616 BY ADVS. ALINA ANNA KOSE P. I. RAHEENA KARTHIKA GANESH VISHNU PRASAD N. K. SANDHRA MARIA SEBASTIAN M. R. HARIRAJ (SR. )(K/1773/1999) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF FISHERIES AND HARBOUR ENGINEERING, THIRUVANANTHAPURAM, PIN - 695009 2 CHIEF ENGINEER DEPARTMENT OF HARBOUR ENGINEERING, MANACAUD P. O , THIRUVANANTHAPURAM, PIN - 695009 3 SUPERINTENDING ENGINEER HARBOUR ENGINEERING CENTRAL CIRCLE, PARAMARA ROAD, KOCHI, PIN - 682018 4 EXECUTIVE ENGINEER HARBOUR ENGINEERING, ERNAKULAM DIVISION, MUNAMBAM, PALLIPPURAM P. O, ERNAKULAM, PIN - 683515 5 ASSISTANT EXECUTIVE ENGINEER HARBOUR ENGINEERING CHETTUVA SUB DIVISION, CHETTUVA KANDALIYOOR P.
O, TRISSUR, PIN - 680616 SMT. DEEPA NARAYANAN, SR. GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C)No. 23831 OF 2024 JUDGMENT th Dated this the 15 day of July, 2024 Petitioner was awarded the tender for collection of toll from vessels, vehicles and people entering Chettuva Fisheries Harbour, Thrissur. The agreement was for a period of one year. The petitioner’s grievance is that, one of the two wharfs in the harbour was demolished, affecting the inflow of vessels, vehicles and people to the harbour. The petitioner, therefore, sought extension of the contract period by four months. The contract period having been extended by only 30 days, this writ petition is filed. 2. Learned Senior Counsel appearing for the petitioner submits that the petitioner is entitled for W. P. (C)No.
23831 OF 2024 extension by at least four months, since one of the Wharfs was not operational from November 2023 to June 2024. Alternatively, it is contended that the period should have been extended by at least 90 days, as recommended in Exhibit P4 report. 3. Learned Government Pleader would submit that the petitioner having partaken in the tender proceedings, fully knowing the terms and conditions, he cannot seek extension of the contract period. 4. Having heard the learned counsel on either side, I am of the opinion that in so far as a responsible authority has made a recommendation in Exhibit P4, it is only appropriate for the superior authority to consider that recommendation for extension, before taking a final decision. 5. The writ petition is disposed of, directing the nd 2 respondent to pass appropriate orders on Exhibit P6 representation filed by the petitioner, after adverting to his contentions and the recommendations W. P. (C)No. 23831 OF 2024 in Exhibit P5.
Such consideration shall be made, independent of the fact that the petitioner has been awarded the contract for the subsequent year also. If the decision is in the petitioner’s favour, the extended period shall be adjusted against the subsequent contract period. Sd/- V. G. ARUN JUDGE SSK/15/07 W. P. (C)No. 23831 OF 2024 APPENDIX OF WP(C) 23831/2024 PETITIONER EXHIBITS Exhibit A TRUE COPY OF THE PRELIMINARY AGREEMENT BETWEEN P1(a) THE PETITIONER AND THE RESPONDENTS DATED 08/05/2023 ALONG WITH THE E-TENDER DEED Exhibit A TRUE COPY OF FINAL AGREEMENT DATED 05/09/2023 P1(b) Exhibit P2 A TRUE COPY OF THE REPRESENTATIONS DATED 04/04/2024, SUBMITTED BEFORE THE 2ND RESPONDENTS Exhibit P3 A TRUE COPY OF THE REPRESENTATIONS DATED 04/04/2024, SUBMITTED BEFORE THE 4TH RESPONDENTS Exhibit P4 A TRUE COPY OF LETTER NO. D1-07/2011/AEE(C) DATED 30/04/2024 ISSUED BY THE 5TH RESPONDENT Exhibit P5 A TRUE COPY OF ORDER NO.
A2/854/2023/EE DATED 15/06/2024 ISSUED BY THE 4TH RESPONDENT Exhibit P6 A TRUE COPY OF REPRESENTATION DATED 28/06/2024 SUBMITTED TO THE 2ND RESPONDENT SSK //TRUE COPY// PA TO JUDGE
Source: High Court of Kerala. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.