IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 7040 of 2004(K) ------------------------------------- PETITIONERS: --------------------- 1. M/S. ELTE FURNITURE AND CHARITABLE CENTRE, UMAYANELLOOR, KOLLAM, REPRESENTED BY ITS TRUSTEES T.M. MOHAMMED HANEEFA. 2. M/S. SUNSHINE STEEL FURNITURE, KOTTIYAM, KOLLAM, REPRESENTED BY ITS PROPRIETOR MOHAMMED MASOOR. 3. M/S. REAL INDUSTRIAL CORPORATION, INDUSTRIAL ESTATE, PAPPANAMCODE, REPRESENTED BY ITS MANAGER RAJALEKSHMI. BY ADVS. MR.R.SATISH KUMAR, MR.T.MADHU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY, STORES PURCHASE DEPARTMENT, SECRETARIATE, TRIVANDRUM. 3. THE JOINT SECRETARY, STORES PURCHASE DEPARTMENT, SECRETARIATE, TRIVANDRUM. 4. THE MANAGING DIRECTOR, SMALL INDUSTRIES DEVELOPMENT CORPORATION, SANTHINAGAR, TRIVANDRUM. W.P.(C). NO.7040/2004-K: *ADDL. RESPONDENTS 5 TO 19 IMPLEADED: 5. SUNITHA KUMARI, W/O. CHANDRAN, `REVATHI INDUSTRIES', T.C. 16/785-4, KOCHAR ROAD, JAGATHY, THYCAUD, TRIVANDRUM-4. 6. M. ABOOBACKER, S/O. LATE MOHAMMED, `SIMI INDUSTRIES', T.C. 48/488, KALLATTUMUKKU, MANACAUD.P.O., TRIVANDRUM-9. 7. SUNIL.A.S., S/O. ABDUL AZEEZ, `GRACE INDUSTRIES', VELLAYINI JUNCTION, NEMOM.P.O – 695 040, TRIVANDRUM. 8. JAMY JOSEPH, S/O. JOSEPH, `SOUTHERN STEEL PRODUCTS', ST. JOSEPH JUNCTION, KOTTAYAM – 1. 9. N.J. DANIEL, S/O. JOSEPH, `JEMOTECH', THANICKAN JUNCTION, ELAMAKKARA.P.O., COCHIN-26. 10. C.G. MERY, W/O. DANIEL, MEDHA ENGINEERS, KALOOR, COCHIN – 682 017. 11. V.G. JACOB, S/O. GEORGE, `T.J. INDUSTRIES', ELAMAKKARA, PONEKKARA, COCHIN – 682 026. 12. C.G. SUDHAKARAN, S/O. GOPALAN, `EVERLITE FURNITURE (P) LTD.', PUTHANCHIRA EAST, TRICHUR DISTRICT. 13. M.S. VIJAYAN, S/O. SANKUNNY, `STEEL VIN INDUSTRIES', AVINISSERRY.P.O., PIN: 680 313, TRICHUR DISTRICT. W.P.(C). NO.7040/2004-K: 14. C.K. NAUSHAD, S/O. KUNHI MOHAMMED, `VOLGA INDUSTRIES' CHERAMAN NAGAR, KODUNGALLUR, PIN – 680 667, TRICHUR DISTRICT. 15. P.V. SUDEESH, S/O. SUBASH, VARIYAR STEEL FURNITURE, CHENUKARA, KUNNAKAR.P.O., PIN – 679 340. 16. M. BALAKRISHNAN, S/O. HARI, `ENCORE ENGINEERING INDUSTRIES', OORAPADAM, KODUMHA.P.O., PIN – 678 551, PALAKKAD DISTRICT. 17. M.P. BAIJU, S/O. PEETHAMBARAN, `EAGLE EINGINEERING', VENGALLOOR.P.O., THODUPUZHA – 685 584. 18. SHIHAB.H., S/O. HAMEED KUNHU, `VISHNU STEEL INDUSTRIES', THEKKEVIL.P.O., KOLLAM – 16. 19. K. GOPINATH, S/O. KAMPPAIAN, PRESIDENT, RAJEEV CHARITABLE SOCIETY, NEDUVALLOOR, NILESWARAM.P.O., KOTTARAKKARA. *ADDL. RESPONDENTS 5 TO 19 IMPLEADED AS PER ORDER DATED 27/05/2004 IN I.A. NO. 6134/2004. R1 TO R3 BY GOVERNMENT PLEADER MR. BABU T.K, R4 BY ADV. MR.M.A.MANHU, SC, SIDCO, R5 TO R 19 BY ADV. MR.O.D.SIVADAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7040/2004-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. 392/A3/92/SPD DTD. 22/08/1992 ISSUED BY THE R.2. EXT.P.2: COPY OF THE ORDER NO. 2827/A3/99-4/SPD DTD. 04/02/2000 ISSUED BY THE R.2. EXT.P.3: COPY OF THE ORDER NO. 2827/A3/99-2-/SPD DTD. 04/02/2000 ISSUED BY THE R.2. EXT.P.4: COPY OF THE CIRCULAR NO. 4874/A3/98/SPD DTD. 08/01/1999 ISSUED BY THE R.2. EXT.P.5: COPY OF THE ADVERTISEMENT NO. 5180/A3/2000/SPD. EXT.P.6: COPY OF THE ADVERTISEMENT ISSUED BY THE DEPARTMENT DTD. 21/11/2000. EXT.P.7: COPY OF THE PAY ORDER DTD. 22/12/2000 FOR RS.5,000/- TAKEN BY THE P.1. EXT.P.8: COPY OF THE COUNTERFOIL DTD. 20/12/2000 SHOWING REMITTANCE OF RS.5,000/- FOR TAKING DEMAND DRAFT BY THE P.3. EXT.P.9: COPY OF THE LETTER DTD. 26/12/200 ISSUED BY THE UNDER SECRETARY STORES PURCHASE (A) DEPARTMENT. EXT.P.10: COPY OF THE COVERING LETTER WITH RECEIPT OF SAMPLES SUBMITTED BY THE P.1. BEFORE THE PRINCIPAL, COLLEGE OF ENGINEERING, TRIVANDRUM DTD. 10/01/01. EXT.P.11: COPY OF THE ORDER G.O.(RT).NO.40/2002/SPD DTD. 26/11/2002 ISSUED BY THE SOTRES PURCHASE DEPTT. EXT.P.12: COPY OF THE RELEVANT PORTIONS OF PARAGRAPH 57 (A) (1) OF THE STORES PURCHASE MANNUAL. EXT.P.13: COPY OF THE (G.O. (RT).NO.34/2002.SPD AND ANNEXURE-1 IS SHOWING THE PRICE LIST, ISSUED BY THE R.3. EXT.P.14: COPY OF THE ORDER OF BLACKLISTING THE P.1. BY THE R.3. DTD. 20/09/2003. EXT.P.15: COPY OF THE ORDER G.O. RT. NO. 50/2003/SPD DTD. 10/12/2003 ISSUED BY THE R.3. W.P.(C). NO.7040/2004-K: EXT.P.16: COPY OF THE STATEMENT OF ACCOUNT SHOWING DUE AMOUNTS TO THE P.1. EXT.P.17: COPY OF THE STATEMENT OF ACCOUNT SHOWING DUE AMOUNTS TO THE P.2. //TRUE COPY// P.A. TO JUDGE. Prv. V.K.MOHANAN, J. --------------------------------------------- W.P(C).No. 7040 of 2004 - K --------------------------------------------- Dated this the 24th day of June, 2009 J U D G M E N T The petitioners have approached this Court with the following prayers:- (i) issue a writ of certiorari to quash Ext.P15 order of the third respondent extending the concession granted to SIDCO under paragraph 57(a)(i) of the Stores Purchase Manual; (ii)issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to comply Ext.P4 order issued by the 2nd respondent; (iii)issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 not to appoint SIDCO for supply of any kind of steel furniture to all Government Departments, Public Sector undertakings, Autonomous bodies, all Panchayath/offices and to all departments of Secretariat; (iv)issue a Writ of Certiorari to quash Ext.P14 order issued by the 3rd respondent blacklisting the 1st petitioner; (v)issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to appoint petitioners for the supply of steel furniture to all Government Departments, Public Sector Undertakings, Autonomous Bodies, all panchayaths/offices and to all departments of secretariat for the remaining period i.e., till 26.11.2004 or in the alternative re-tender for all items of steel WP(C) NO.7040 of 2004 :-2-: furnitures for the remaining period. Petitioners were appointed for the supply of certain items of steel furniture, but according to the respondents, they failed to perform the contractual obligation. Therefore, the third respondent invited tenders for the supply of four items of steel furniture, but according to the petitioners, subsequently, the Stores Purchase Department has given sanction to purchase steel furniture from SIDCO without tender citing paragraph 57(a)(i) of the Stores Purchase Manual. It was in the above circumstances, the petitioners have approached this Court. In the mean while, the first petitioner is included in the black list. The contract pertained to the period 2001 and accordingly, the terms of contract were materialised as the same was entrusted with the SIDCO as there was no legal bar for the respondents to continue the transaction and the business with the SIDCO. 2. When the matter is taken up today, counsel for the petitioners submits that the main prayer in the writ petition became infructuous. As the SIDCO proceeded with the supply of materials as per the transaction entered into, the other prayers also become infructuous and no issue survives for the WP(C) NO.7040 of 2004 :-3-: consideration of this Court. Learned counsel for the petitioners submits that certain amounts are due connected with the supply made by the petitioners to various departments coming under the respondents and therefore, prayed that a direction be given to the respondents to release the amount. Going by the prayers in this writ petition, it can be seen that no such relief is sought for and also no materials are produced to show that such a demand was made before the appropriate authority. Therefore, no relief can be granted in terms of the submission made by the learned counsel for the petitioners. However, the respondents are not disputing the claim of the petitioners with respect to the arrears due from various Government Departments connected with the contract entered into by the petitioners. Therefore, it is only just and proper to direct the petitioners to approach the concerned authorities setting out the entire claim and it is for the respondents to consider such claim on merit. In the result, this writ petition is disposed of observing that the prayers in the writ petition have become infructuous and directing the petitioners to approach the authorities concerned with a detailed representation setting forth the claim of the petitioners with respect to the amount, if any, due WP(C) NO.7040 of 2004 :-4-: connected with their contract within one month from today and on receipt of such representation, the respondents concerned are directed to dispose of the same on merit within two months from the date of receipt of a copy of the said representation and a copy of this judgment which will be produced by the petitioners along with the representation. V.K.Mohanan, Judge MBS/ WP(C) NO.7040 of 2004 :-5-: V.K.MOHANAN, J. -------------------------------------------- O.P.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -6-2009 WP(C) NO.7040 of 2004 :-6-: