High Court of KeralaWP(C)/38791/2015disposed of

V.K.Seythalavi v. Southern Railway (Palakkad Division)

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 38791 of 2015 (Y) --------------------------------------- PETITIONER(S):

----------------------- V.K.SEYTHALAVI, AGED 50 YEARS, S/O.ALIPU HAJI, VATTAMKANDATHIL HOUSE, CHUNDAMPATTA (PO), NATTIYAMANGALAM, PATTAMBI, PALAKKAD DISTRICT, PIN 679 337.

BY ADVS.SRI.T.K.SAIDALIKUTTY SRI.M.I.JOHNSON SRI.T.K.MOIDEEN KUTTY RESPONDENT(S):

-------------------------

1. SOUTHERN RAILWAY (PALAKKAD DIVISION), SOUTHER RAILWAY DIVISIONAL OFFICE, PALAKKAD, PIN 678 009.

2. CHIEF MEDICAL SUPERINTENDENT, SOUTHER RAILWAY DIVISIONAL OFFICE, PALAKKAD, PIN 678 009.

BY ADV. SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 38791 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE LETTER OF ACCEPTANCE NO.J/MD/52/1/CC/TIR DATED 31.08.2015 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT P2:TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 27.10.2015 IN WPC.NO.26727/2015 P3:TRUE COPY OF THE SECURITY DEPOSIT RECEIPT WORTH RS.2,50,000/- DATED 11.12.2015 ISSUED BY THE SOUTH INDIAN BANK PULAMANTHOLE BRANCH P4:TRUE COPY OF THE PETITION DATED 14.12.2015 SUBMITTED BY THE PETITIONER P5:TRUE COPY OF THE TERMINATION NOTICE DATED 15.12.2015 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.38791 of 2015 ****************************************************************************** Dated this the 21st day of December, 2015

JUDGMENT

The petitioner has been awarded with the conservancy work at Tirur Railway Station as per Ext.P1. As per the tender notification, the petitioner has to submit performance guarantee within 60 days from the date of Ext.P1. The petitioner did not submit performance guarantee.

As seen from the records, the petitioner could not submit performance guarantee within the time on account of the challenge in respect of the same tender. In that view of the matter, this Court is of the view that the petitioner is justified in not submitting

W.P.(C) No.38791 of 2015 2 performance guarantee within the time. Therefore, after excluding the time taken before this Court the petitioner's request for accepting tender shall be considered. Accordingly, Ext.P5 is set aside.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln