Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 PETITIONER: BALACHANDRAN AGED 63 YEARS S/O PADMANABHAN, THUNDUPARAMBU, VANDANAM P.O., ALAPPUZHA, PIN - 688005. BY ADVS. SABU GEORGE P.B.KRISHNAN (SR.) P.B.SUBRAMANYAN MANU VYASAN PETER RESPONDENTS: 1 THE DIRECTOR DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011. 2 THE PRINCIPAL 3 THE SUPERINTENDENT 4 THE HOSPITAL DEVELOPMENT SOCIETY REPRESENTED BY ITS SECRETARY, PIN - 688005. SRI.P.S.APPU- GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
WP(C) No.13140 of 2024 Dated this the 01st day of April, 2024
JUDGMENT
The petitioner has challenged proceedings for tendering the contract for conducting cafeteria in the Medical College hospital at Alappuzha. The petitioner submits that he has been functioning there from 1991 and the present booth was constructed by spending his own money and he will be put to much prejudice if the booth is handed over to another person. When similar proceedings were initiated in 2016, the petitioner had approached this Court by filing WP(C) No.32812 of 2016. This Court had stayed the proceedings. The case was finally heard and disposed of on 24.02.2023. In view of the passage of time and subsequent events, this Court set aside the earlier proceedings and directed the respondents to consider the continuance of the petitioner’s milma booth, after giving an
opportunity of hearing to the petitioner in the light of Order
No.5369/M3/2011 dated 08.02.2011 issued by the Government extending the period for conducting the booth. The respondents, pursuant to the judgment considered the request and decided to extend the period for three months and to invite tenders for conducting the booth. Ext.P13 is the order and aggrieved by Ext.P13, the petitioner has approached this Court. There can be no monopoly for any person in matters of such contracts. The petitioner admittedly has been conducting the booth from 1991. The respondents cannot be found fault with for deciding to issue fresh tenders for the purpose of utilising the present commercial value of the premise and the business activity. Ext.P13 does not in any manner restrict the participation of the petitioner in the tender. His fundamental rights are not in any manner affected. In the above circumstances, there is no reason to interfere with Ext.P13 and the writ petition stands dismissed, without prejudice to the right of the petitioner participate in the tender which has been called for on 16.03.2024 as per Ext.P14. Sd/- T.R.RAVI JUDGE mpm APPENDIX OF WP(C) 13140/2024 PETITIONER’S EXHIBITS Exhibit-P1 A TRUE COPY OF ORDER NO.G6/29696/90/DME DATED 15-5-1991. Exhibit-P2 A TRUE COPY OF THE AGREEMENT DATED 16-8-2000 EXECUTED BY THE PETITIONER. Exhibit-P3 A TRUE COPY OF NOTICE NO.H.D.C.269/2010 DATED 27-7-2010. Exhibit-P4 A TRUE COPY OF THE ORDER NO.5369/M3/2011 DATED 8-2-2011 ISSUED BY THE SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT. Exhibit-P5 A TRUE COPY OF THE MINUTES OF THE MEETING DATED 22-1-2013 OF THE HOSPITAL DEVELOPMENT SOCIETY. Exhibit-P6 A TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER TO RESPONDENT NO.1.
Exhibit-P7 A TRUE COPY OF ORDER
NO.E5/7010/2016/GTDMCA DATED 27-6-2016 ISSUED BY RESPONDENT NO.2. Exhibit-P8 A TRUE COPY OF THE NOTICE NO.HDS/6293/16 DATED 7-7-2016 ISSUED BY RESPONDENT NO.3. Exhibit-P9 A TRUE COPY OF THE LETTER NO.AMC/C1/05/2016/1064 DATED 14-7-2016 ISSUED BY MILMA. Exhibit-P10 A TRUE COPY OF QUOTATION NOTICE NO.H.D.S/348/2016 DATED 26-9-2016 ISSUED BY RESPONDENT NO.3. Exhibit-P11 A TRUE COPY OF THE JUDGMENT DATED 24-02-2023 IN W.P(C) NO.32812 OF 2016. Exhibit-P12 A TRUE COPY OF REPRESENTATION DATED 20-02-2024 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3. Exhibit-P13 A TRUE COPY OF THE ORDER DATED 15-03-2024 ISSUED BY RESPONDENT NO.3. Exhibit-P14 A TRUE COPY OF THE TENDER NOTIFICATION DATED 16-03-2024 ISSUED BY RESPONDENT NO.3.