Felix Babu v IREL (India) Ltd and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 21[ST] DAY OF AUGUST 2023 / 30TH SRAVANA, 1945 ``` ## **`WP(C) NO. 26019 OF 2023`** ## **`PETITIONER/S:`** ``` FELIX BABU AGED 57 YEARS S/O. JABAKIAL ANNAS LAND, KARITHURA, PUTHENTHURA P.O, NEENDAKARA, KOLLAM, PIN - 691588 BY ADVS. ENOCH DAVID SIMON JOEL RONY JOSE S.SREEDEV LEO LUKOSE KAROL MATHEWS SEBASTIAN ALENCHERRY DERICK MATHAI SAJI ``` ## **`RESPONDENTS:`** ``` 1IREL(INDIA) LTD (A GOVT. OF INDIA UNDERTAKING - DEPT. OF ATOMIC ENERGY) PLOT NO. 1207, ECIL BLDG, VEER SAVARKAR MARG, OPP. SIDDHIVINAYAK TEMPLE, PRABHADEVI, MUMBAI, PIN - 400028 REPRESENTED BY ITS MANAGING DIRECTOR 2IREL(INDIA) LTD CHAVARA MINERAL DIVISION, CHAVARA, KOLLAM, PIN - 691583 REPRESENTED BY ITS GENERAL MANAGER 3GOVERNMENT E- MARKET PLACE(GEM) 3RD FLOOR TOWER II, JEEVAN BHARTI BUILDING, CONNAUGHT PLACE, NEW DELHI REPRESENTED BY ITS NODAL OFFICER, KERALA., PIN - 110001 4CHALAYYAM TRAVELS & TRANSPORTERS S.V.M P.O KARUNAGAPALLY, KOZHIKODE, PIN - 690573 REPRESENTED BY ITS PROPRIETOR, SRI. AKBER BIN KALAM BY ADVS. Gopikrishnan Nambiar M K.P. SUDHEER ADVOCATE Nandagopal Nambiar V.V VICTOR GEORGE V.M.(K/001026/2019) PREEJA. P.VIJAYAN(K/104/2006) ``` WP(C).No.26019/2023 **2** ``` SMITHA (EZHUPUNNA)(K/223/2015) CHITRA JOHNSON(K/000924/2018) PARVATHY SRIKUMAR(K/001674/2023) K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) NAYANPALLY RAMOLA(K/687-F/2014) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C).No.26019/2023 **3** ## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.26019 of 2023** **---------------------------------------------Dated this the 21[st] day of August, 2023** ## **JUDGMENT** This writ petition is filed with following prayers: i. Issue a writ of mandamus or other appropriate writ, order or direction, directing Respondents 1 & 2 to consider Ext.P2 tender submitted by the Petitioner and award the work order on the basis of the same. ii. Issue a writ of mandamus or other appropriate writ, order or direction, directing Respondents 1 & 2 to consider and pass orders on Exts.P5 & P6 as expeditious as possible. iii. Issue a writ of mandamus or other appropriate writ, order or direction, directing Respondents 1 & 2 to keep in abeyance all work pursuant to Ext.P2 bid pending disposal of Exts.P5 & P6. iv. Issue a writ of mandamus or other appropriate writ, order or direction, directing the 3[rd] Respondent to correct the details pertaining to WP(C).No.26019/2023 **4** petitioner by including MSME in petitioner’s profile and also correct the financial bid of the petitioner in tune with the amount as quoted in Ext.P2 in accordance with law. - v. Issue such other appropriate writ order or direction setting aside work order if any awarded to the 4[th] Respondent, on the basis of the work stipulated in Ext.P2. - vi. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case. - vii. Issue such other appropriate order or direction dispensing with the filing of English translation of the vernacular documents produced along with the writ petition. ## (SIC) 2. Petitioner challenges the action of respondents 1 and 2 in awarding the work under Ext.P2 tender to the 4[th] respondent even though petitioner is the lowest bidder. The petitioner is registered as a Micro and Small Scale Enterprise (MSME), as evident from Ext.P1. The grievance of the petitioner is that the benefit of MSME is not given to the petitioner on account of technical glitch on the part of the 3[rd] respondent. The above error is on account of mistake WP(C).No.26019/2023 **5** committed by the online portal of the 3[rd] respondent is the submission. Even though by Exts.P5 and P6, the same had been pointed out to respondents 1 and 2, no action is seen forthcoming is the grievance of the petitioner. Hence this Writ Petition. 3. Heard the learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2 and the learned counsel for the 3[rd] respondent. I also heard the learned counsel for the 4[th] respondent. 4. The main grievance of the petitioner is that even though the petitioner is an MSME, that benefit is not given to the petitioner and consequently he apprehends that the work will be allotted to the party respondents. 5. In a similar situation, this Court directed the 2[nd] respondent to consider the representation in which the grievance of the petitioner in that case is narrated. Such an order can be passed in this case also. Therefore, this writ petition is disposed of in the following manner: 1. The 2[nd] respondent IREL (India) Ltd is directed to consider Exts.P5 and P6, as expeditiously as WP(C).No.26019/2023 **6** possible, at any rate, within two weeks from the date of receipt of a stamped certified copy of this judgment. 2. The 2[nd] respondent IREL (India) Ltd will give an opportunity of hearing to the petitioner and the 4[th] respondent before passing final orders. The hearing can be either virtually or physically. 3. All the contentions raised by the petitioner in this writ petition are left open and the petitioner is free to raise all those contentions before the 2[nd] respondent. 4. The petitioner will produce a stamped certified copy of this judgment along with a copy of this writ petition and other additional documents, if any, before the 2[nd] respondent for compliance. JV sd/- **P.V.KUNHIKRISHNAN JUDGE** WP(C).No.26019/2023 **7** ## **`APPENDIX OF WP(C) 26019/2023`** ## `PETITIONER EXHIBITS` ``` Exhibit P1A TRUE COPY OF THE MSME REGISTRATION CERTIFICATE DATED 29.11.2021 ISSUED BY THE MINISTRY OF MICRO, SMALL, AND MEDIUM ENTERPRISES. ``` - `Exhibit P2 A TRUE COPY OF THE ONLINE BID DATED 22.06.2023 ALONG WITH THE RELEVANT PAGES OF THE TENDER SUBMITTED BY THE PETITIONER.` - `Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED 12.07.2023.` - `Exhibit P4 A TRUE COPY OF THE ONLINE EXTRACT FROM THE WEBSITE OF THE 3RD RESPONDENT IN RESPECT TO EXT.P3 BID.` - `Exhibit P5 A TRUE COPY OF THE LETTER DATED 03.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.` - `Exhibit P6 A TRUE COPY OF THE LETTER DATED 05.08.2023.` - `RESPONDENT ANNEXURES` ``` Annexure R1(a)A copy of the judgement dated 31.01.2022 in WP(C) No. 490 of 2022 Annexure R1(b)A true copy of the screenshot dated nil of the GeM portal reflecting the MSE status of the bidders, including the petitioner Exhibit R4 (b)True copy of the judgment in WPC 490/2022 dated 31.01.2022 Exhibit R4 (c)True copy of the reply in compliance of the judgment dated 31.01.2022 of the Hon'ble High Court of Kerala in WPC no.490/2022 Exhibit R4 (d)The true extracts of bid details in respect of Ext-P2 tender Exhibit R4 (f)True copy of bid details submitted by the writ petitioner in respect of mining works at Karithura, Chavara dtd.24.06.2023 Exhibit R4 (e)The true extracts of bid details in ``` WP(C).No.26019/2023 **8** ``` respect of Ext-P2 tender Exhibit R4 (a)True copy of the counter affidavit filed on behalf of the 1st and 2nd respondent in WPC No 490/2022 ```