High Court of KeralaWP(C)/7305/2015disposed of

Safwan K.E. v. The Kerala State Road Transport Corporation

2015-03-20Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 7305 of 2015 (K) --------------------------- PETITIONER(S):

----------------- SAFWAN K.E., AGED 26 YEARS S/O.IBRAHIM, KUNNAPPULLY HOUSE, AKALUR P.O.

OTTAPALAM, PALAKKAD - 679 302.

BY SENIOR ADVOCATE SRI.S.V.BALAKRISHNA IYER BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL) RESPONDENT(S):

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1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM PIN - 695014.

2. THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION PALAKKAD DEPOT, PALAKKAD PIN - 678 001.

3. THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION PALAKKAD DEPOT, PALAKKAD, PIN - 678001.

R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7305 of 2015 (K) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- P1- DATED 1.4.2013, TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT P2- DATED 22.5.2013, TRUE COPY OF THE RECEIPT, BEARING NO.8226 P3- DATED 22.5.2013, TRUE COPY OF THE RECEIPT, BEARING NO.8227 P4- DATED 5.4.2013, TRUE COPY OF THE MEMORANDUM NO.ES.1-010958/11 P5- DATED 16.12.2014, TRUE COPY OF THE REPRESENTATION P6- DATED 3.3.2015, TRUE COPY OF THE NOTICE NO.ES 3/030147/12 RESPONDENT(S)' EXHIBITS : NIL.

----------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.7305 of 2015 --------------------- Dated this the 20th day of March, 2015

J U D G M E N T

The petitioner is the successful bidder of the right to run light refreshment stall in the Palakkad Depot of the Kerala State Road Transport Corporation. The petitioner was the successful bidder not only in the tender conducted in the year 2013 but also in the tender conducted in the year 2015. But then the tender conducted in the year 2013 was not followed up by an agreement and the right to conduct the light refreshment stall conferred on the petitioner.

2. Substantial amounts had been deposited by the petitioner when he was declared as the successful bidder in the tender conducted in the year 2013. The amounts so deposited is liable to be given credit to for the deposits to be made by the petitioner as the successful bidder of the tender in the year 2015. The petitioner has submitted a representation to the Kerala State Road Transport Corporation stating that the amounts will have to be reimbursed to him after adjustment since he has deposited a further sum of ` 1,80,000/- now. Any such representation shall be

W.P (C) No.7305/2015 considered with notice to the petitioner and the adjustment made so that all the remittances made for the bid in the year 2013 by the petitioner is given credit to towards the amount to be remitted as the successful bidder in the year 2015. Needless to say that the agreement following shall be executed without delay and the petitioner conferred the right without repeating the omission that occurred for the bid in the year 2013. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.