High Court of KeralaSingle Judge2022-07-11Writ petition disposed of with directions for r...

Joshi Varghese v. State of Kerala & Others

Case / Petition Number:W.P.(C).No.21672/2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2022-07-11
Court Decision / Holding: The writ petition is disposed of with directions: (i) The petitioner may submit a representation to the 3rd respondent narrating the grievance within two weeks from receipt of a copy of the judgment. (ii) Upon receipt, the 3rd respondent shall issue notice to the 8th respondent and obtain a report from the 9th respondent; thereafter proceed in accordance with law. (iii) The 3rd respondent shall complete this exercise expeditiously, within two months from the receipt of the representation. The petitioner is free to approach the court for review if aggrieved.
Final Disposition: Writ petition disposed of with directions for representation-based resolution, expedite by the 3rd respondent, and potential review by the 8th respondent if aggrieved.

Parties to the Case

Appellants / Petitioners

Joshi Varghese

Respondents

State of Kerala represented by its Secretary to Government Local Self Government Department, Secretariat, Thiruvananthapuram
Cheranalore Grama Panchayat represented by its Secretary, Cheranalore P.O., PIN - 682034
The Secretary, Cheranalore Grama Panchayat, Cheranalore Grama Panchayat, Cheranalore P.O., PIN - 682034
The Registering Authority, The Port Officer, Kerala Maritime Board, Port Office, Beach Road, Alappuzha, PIN - 688012
The Port Conservator, Kodungallur, Munambam Port, Thrissur, PIN - 680666
Station House Officer, Cheranalallur Police Station, Cheranalallur, KOchi, Kerala, PIN - 682034
Station House Officer, Varapuzha Police Station, Varapuzha, Kerala, PIN - 683517
Joseph Sabu

Legal Representation & Advocates

Counsels for Petitioners

• P.M. Manoj
• Hamzath Ali V.K.

Counsels for Respondents

• T.K. Ajith Kumar
• T.K. Ajithkumar (Valath)
• Sri K.P. Sudheer, SC
• Smt. Deepa Narayanan, Sr.GP

Case Synopsis & Summary

Joshi Varghese, a vessel owner under the Inland Vessel Act, 1917, filed WP(C) No.21672/2022 challenging the Cheranallore-Varappuzha (Edambadam) Ferry tender floated by Cheranallore Grama Panchayat. He contends that although he participated and his competitor, the 8th respondent, quoted a higher bid, the tender was confirmed in favour of the 8th respondent who allegedly does not possess a valid licence to operate. The petitioner also points to a stop memo issued by the Chief Surveyor (9th respondent) on 21.04.2022 under the Kerala Inland Vessel Rules indicating operation with an invalid vessel, and notes that the relevant authorities (2nd/3rd, 6th–7th respondents) have failed to take action against the illegal service. The petitioner seeks certiorari to quash Exhibit P5’s first decision confirming the tender, and mandamus to stop the ferry service, recall the resolution, and issue a fresh tender for 2022-2023. The Court disposes of the petition with specific directions: the petitioner may submit a representation to the 3rd respondent within two weeks; the 3rd respondent shall notify the 8th respondent and obtain a report from the 9th respondent, then proceed as per law; all steps to be completed within two months. The court also allows the 8th respondent to seek review if aggrieved, and places emphasis on expeditious resolution through administrative channels.

Provisions of Law Cited

Inland Vessel Act, 1917 – Section 2(a)Kerala Inland Vessel Rules 2010 – Rule 2(k)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner, Joshi Varghese, a vessel owner under the Inland Vessel Act, 1917, contends that he participated in the tender floated by Cheranallore Grama Panchayat to operate the Cheranallore-Vaarappuzha (Edambadam) Ferry. The 8th respondent’s bid was accepted at a higher rate, but he allegedly lacks a valid operating licence, casting doubt on the tender process. Following the 9th respondent’s stop memo dated 21.04.2022 for operating with an invalid vessel, the authorities did not take effective action, allowing alleged illegal ferry operation to continue. The petitioner seeks to quash Exhibit P5’s decision to confirm the tender, and to mandamus the 3rd, 6th, and 7th respondents to stop the service and recall the tender, or issue a fresh tender for 2022-23. The petitioner also requests expeditious consideration and reporting by the 9th respondent and notices to the 8th respondent, with all steps completed within a prescribed time-frame. The petition prays for costs.

Contentions of Respondents

Respondents contest the challenge and argue that the tender process and its award were governed by law; the issue of licence validity and stop memo requires compliance with statutory procedures and administrative remedy; the court’s role should be supervisory rather than a de novo re-evaluation of the tender; a representation filed by the petitioner before the 3rd respondent, with proper notice to the 8th respondent and a report from the 9th respondent, would facilitate a lawful resolution, with the matter to be processed expeditiously within two months.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Judgment in WP(C) No. 11225 of 2022	WP(C) No.11225 of 2022	Mentioned Only	Exhibit P3 reproduces a judgment in another WP(C) case; no discussion on its ratio or binding effect appears in the present judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11[TH] DAY OF JULY 2022 / 20TH ASHADHA, 1944 ``` ``` WP(C) NO. 21672 OF 2022 ``` ## **`PETITIONER:`** ``` JOSHI VARGHESE AGED 55 YEARS, S/O VARGHESE RESIDING AT THAIPARAMBIL HOUSE, NANDIKULANGARA, MANNAM P.O., NORTH PARAVUR, ERNAKULAM, PIN - 683520 BY ADVS. P.M.MANOJ HAMZATH ALI V.K. ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM` - `2 CHERANALLORE GRAMA PANCHAYAT CHERANALLORE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHERANALLORE P.O., PIN - 682034` - `3 THE SECRETARY, CHERANALLORE GRAMA PANCHAYAT CHERANALLORE GRAMA PANCHAYAT, CHERANALLORE P.O, PIN - 682034` - `4 THE REGISTERING AUTHORITY, THE PORT OFFICER, KERALA MARITIME BOARD, PORT OFFICE, BEACH ROAD, ALAPPUZHA, PIN - 688012` - `5 THE PORT CONSERVATOR KODUNGALLUR, MUNAMBAM PORT. THRISSUR, PIN - 680666` - `6 STATION HOUSE OFFICER, CHERANALLUR POLICE STATION CHERANALLUR POLICE STATION, CHERANALLUR, KOCHI, KERALA, PIN - 682034` - `7 STATION HOUSE OFFICER, VARAPUZHA POLICE STATION VARAPUZHA POLICE STATION, VARAPUZHA, KERALA, PIN - 683517` - `8 JOSEPH SABU AGED 54 YEARS` **2** ## **W.P.(C).No.21672/2022** ``` FATHER'S NAME NOT KNOWN TO THE PETITIONER, KADAMPARAMBIL HOUSE, CHENNOOR, KOTHAD P.O.,, PIN - 682027 9THE CHIEF SURVEYOR KIV RULES, KERALA MARITIME BOARD, PORT OFFICE, BEACH ROAD, ALAPPUZHA, PIN - 688012 BY ADVS. T.K.AJITH KUMAR T.K.AJITHKUMAR (VALATH) ``` ## **`OTHER PRESENT:`** ``` SRI.K.P.SUDHEER, SC FOR R4 & 5, SMT.DEEPA NARAYANAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C).No.21672/2022** **3** ## **P.V.KUNHIKRISHNAN, J. --------------------------------** **W.P.(C).No.21672 of 2022** **---------------------------------------------Dated this the 11[th] day of July, 2022** ## **JUDGMENT** This writ petition is filed with following prayers: i. Issue a writ of certiorari calling for records leading to Exhibit P5 and quash the same to the extent of its first decision to confirm the tender on 8[th] respondent. ii. Issue a writ of mandamus or any other writ order directing the respondents 3, 6 and 7 to takes steps on Exhibit P10 and P9 respectively to stop the illegal ferry service done by the 8[th] espondent. iii. Issue a writ of mandamus or any other appropriate writ or order directing the 2[nd] and 3[rd] respondents to recall the 1[st] resolution in exhibit P5 and to issue fresh tender notice for Cheranallore - Varappuzha (Edambadam) Ferry for the year 2022-2023. iv. Issue any other order as this honorable court deems fit and proper in the facts and circumstances of the case and also those are prayed for during the pendency of the WP(C). v. Order the entire cost of the petitioner from the respondent. (SIC) **4** ## **W.P.(C).No.21672/2022** 2. The petitioner herein is an owner of Vessel defined under Section 2 (a) of the Inland Vessel Act, 1917 (hereinafter referred as ‘the Act’) and Rule 2 (k) of the Kerala Inland Vessel Rules 2010 (hereinafter referred as ‘the Rules’). According to the petitioner, he is having experience of 20 years in Ferry service. The grievance voiced in the Writ Petition is that the petitioner had participated in the tender floated by the Cheranallore Grama Panchayat to run Cheranallore - Varappuzha (Edambadam) Ferry. However the tender was confirmed in the name of the 8[th] respondent who was quoted a higher amount. According to the petitioner, the 8[th] respondent does not have a valid license to operate. It is the case of the petitioner that the earlier attempt to challenge the tender notification was unsuccessful. Thereafter when the operation of the ferry started by the 8[th] respondent, the chief surveyor, the 9[th] respondent, who is the competent authority under the Rules who is subordinate to the 4[th] respondent has issued a stop memo against the operation using an invalid Vessel as per the Rules on 21.04.2022 and also intimated these facts to respondents 3, 6, and 7. However no steps are **W.P.(C).No.21672/2022** **5** taken by those authorities against the illegal operation. Hence this Writ Petition. 3. Heard the learned counsel for the petitioner and the learned counsel for respondents 2 and 3. I also heard the learned Government Pleader and the learned Standing Counsel for the 5[th] respondent. 4. The main grievance raised in this writ petition is about the tender floated by the Cheranallore Grama Panchayat in the route Cheranallore - Varappuzha Ferry. It is the definite case of the petitioner that the statutory authorities issued stop memo and even then the Panchayat is not accepting the same. Admittedly the 8[th] respondent is now running the ferry. If that is the case, the petitioner can approach the Panchayat narrating the grievance raised in this writ petition by way of a representation. The way in which I am going to dispose the writ petition, I think notice to the 8[th] respondent is not necessary. If the 8[th] respondent is aggrieved by any of the observation in this judgment, he is free to file a review petition before this Court. The petitioner is free to submit a representation before the 3[rd] respondent narrating the grievance raised in this writ petition and there can be a **6** ## **W.P.(C).No.21672/2022** direction to the 3[rd] respondent to consider the same within a time frame. Therefore, this writ petition is disposed of in the following manner: 1. The petitioner is free to submit a representation before the 3[rd] respondent narrating the grievance raised in this writ petition within two weeks from the date of receipt of a copy of this judgment. 2. Once such a representation is received, the 3[rd] respondent will give notice to the 8[th] respondent and will get a report from the 9[th] respondent, and thereafter proceed in accordance to law. 3. The above exercise should be completed by the 3[rd] respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of the representation. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV **W.P.(C).No.21672/2022** **7** ## **`APPENDIX OF WP(C) 21672/2022`** |`PETITIONER EXHIBITS`|`PETITIONER EXHIBITS`| |---|---| |`Exhibit P1`|`A TRUE COPY OF THE VALID CERTIFICATE`| ||`OF SURVEY DATED 18.02.2022`| |`Exhibit P1A`|`A TRUE COPY OF THE VALID CERTIFICATE`| ||`OF REGISTRATION HAVING OFFICIAL NO`| ||`KIV/KDR/FR/0061/11 HAVING DATE OF`| ||`REGISTRATION RENEWAL 15.12.2020`| |`Exhibit P1B`|`A TRUE COPY OF THE VALID INSURANCE`| ||`COVERAGE ISSUED BY THE NEW INDIA`| ||`ASSURANCE CO. LTD. HAVING POLICY NO.`| ||`76070142210100000030 HAVING DATE OF`| ||`PROPOSAL 20.07.2020`| |`Exhibit P2`|`A TRUE COPY OF THE TENDER NOTICE`| ||`HAVING NOTICE NO. A2-1944/22 DATED`| ||`14.03.2022`| |`Exhibit P3`|`A TRUE COPY OF THE JUDGMENT DATED`| ||`31.03.2022 IN WP(C) NO. 11225 OF 2022`| |`Exhibit P4`|`A TRUE COPY OF THE SURVEY CERTIFICATE`| ||`OF VESSEL CALLED 'ST. GEORGE' DATED`| ||`22.11.2021`| |`Exhibit P4A`|`A TRUE COPY OF THE VALID CERTIFICATE`| ||`OF REGISTRATION HAVING OFFICIAL NO`| ||`KIV/KDR/PV/0705/20 HAVING DATE OF`| ||`INITIAL REGISTRATION 15.12.2020`| |`Exhibit P4B`|`A TRUE COPY OF THE VALID INSURANCE`| ||`COVERAGE ISSUED BY THE NEW INDIA`| ||`ASSURANCE CO. LTD. HAVING POLICY NO.`| ||`760701136210700000022 HAVING DATE OF`| ||`PROPOSAL 28.09.2021`| |`Exhibit P5`|`A TRUE COPY OF THE MINUTES OF THE`| ||`URGENT MEETING OF THE 2ND RESPONDENT`| ||`PANCHAYAT HELD ON 22.03.2022 RECEIVED`| ||`UNDER RTI ACT`| |`Exhibit P6`|`A TRUE COPY OF THE LICENSE ISSUED ON`| ||`29.04.2021 HAVING LICENSE NO. 171 EK`| ||`2021/22`| |`Exhibit P6A`|`A TRUE COPY OF THE LICENSE ISSUED ON`| ||`29.04.2021 HAVING LICENSE NO. 172 EK`| ||`2021/22`| |`Exhibit P7`|`A TRUE COPY OF THE COMPLAINT PREFERRED`| **8** ## **W.P.(C).No.21672/2022** ``` BY THE PETITIONER RECEIVED BY 5TH RESPONDENT ON 01.04.2022 ``` ``` Exhibit P8A TRUE COPY OF THE STOP MEMO ISSUED BY THE 9TH RESPONDENT CHIEF SURVEYOR IN FORM NO. 22 DATED 21.04.2022 Exhibit P9A TRUE COPY OF THE COMMUNICATION ISSUED TO THE STATION HOUSE OFFICERS OF CHERANALLORE AND VARAPPUZHA POLICE STATIONS DATED 27.04.2022 Exhibit P10A TRUE COPY OF THE COMMUNICATION ISSUED TO THE 3RD RESPONDENT SECRETARY DATED 27.04.2022 ```