Full Judgment
WP(C) NO. 22214 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945 WP(C) NO. 22214 OF 2023 AGAINST THE ORDER/JUDGMENTWA 851/2023 OF HIGH COURT OF KERALA PETITIONER/S: M/S VALAPPY EXPLOSIVES CHERUVALOOR POST, PULIKKAKADAVU ROAD, KORATTY, THRISSUR DISTRICT REPRESENTED BY PROPRIETOR E.C. THOMAS, AGED 70 YEARS, SON OF CHAKKAPPAN, ELUVATHINKAL VALAPPY HOUSE, MURINGOOR VADAKKUMURI VILLAGE, MURINGOOR POST, CHALAKUDY TALUK, THRISSUR DISTRICT, KERALA STATE., PIN - 680309 BY ADVS. SHIBIN K.F. SEBY JOSEPH RESPONDENT/S: 1 THE TENDER INVITING AUTHORITY (DGM-O) INDIAN OIL CORPORATION LTD., INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG BANDRA (EAST), MUMBAI. REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 400051 2 THE CHIEF GENERAL MANAGER MARKETING (LPG) HQ & APPELLATE AUTHORITY, BHARAT PETROLEUM CORPORATION LIMITED - CHAIRMANS OFFICE, BHARAT BHAVAN, 4 & 6 CURRIMBHOY ROAD, BALLARD ESTATE, MUMBAI, MAHARASTHRA., PIN - 400001 3 THE INDIAN OIL CORPORATION LTD. CORPORATE OFFICE, PLOT NO.3079/3, SADIQ NAGAR, J.B. TITO MARG, NEW DELHI., PIN - 110049
4 THE HINDUSTAN PETROLEUM CORPORATION LIMITED WP(C) NO. 22214 OF 2023 2 PETROLEUM HOUSE 17, JAMSHEDJI TATA ROAD, MUMBAI, MAHARASHTRA., PIN - 400020 5 M/S M.K. GASTECH PRIVATE LIMITED VANNAMADA, PALAKKAD DISTRICT, KERALA STATE., PIN - BY ADV M.GOPIKRISHNAN NAMBIAR OTHER PRESENT: SRI.C.K.KARUNAKARAN FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 22214 OF 2023 3
P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 22214 of 2023 -------------------------------------- Dated this the 10th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers :
“A. To issue a Writ of Mandamus and/or any other appropriate Writ, Order and/or Direction to the 1st to 4th respondents to consider and dispose of Exhibit-P3 Appeal of the petitioner within a time to be fixed by this Honourable Court and B. To issue Writ of Mandamus or any other appropriate Writ, Order and/or Direction to the 1 to 4th respondents not to grant the Letter of Intent pursuant to the Exhibit-P5 Industry Record Note to the 5th respondent until a decision on Exhibit-P3 Appeal is taken and C. To pass such other relief which this Honourable Court may deem fit to pass in the interest of equity, justice and good conscious to the humble petitioner.” [SIC]
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that the WP(C) NO. 22214 OF 2023 4 petitioner filed Ext.P3 appeal based on the observation in Ext.P7 judgment. This is seriously disputed by the counsel appearing for respondent Nos. 1 to 5. This Court perused Ext.P7 judgment. In the last portion of the judgment, it is stated that this Court granted liberty to the appellant to work out the remedies against any of the decisions taken by the Oil Corporation during and in the course of evaluation of technical bid or in the course of pendency of the writ petition. Now, an
order is passed as evident by Ext.P8. The petitioner filed
Ext.P3 appeal. The maintainability of such an appeal is also disputed by the respondents. Whatever that may be, the 1 st respondent will consider the same including the maintainability of the appeal and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner and the 5th respondent. I make it clear that I have not considered the matter on merit and the 1 st respondent is free to pass appropriate orders in accordance with law. Therefore, this writ petition is disposed of with the following directions : WP(C) NO. 22214 OF 2023 5 1) The 1st respondent is directed to consider Ext.P3 and pass appropriate orders in it as expeditiously as possible, at any rate, within three weeks from the date of receipt of a certified copy of this judgment with notice to the petitioner and the 5th respondent. 2) I make it clear that I have not considered the matter on merit and the 1st respondent is free to pass appropriate orders and the contesting respondents are free to raise the maintainability of the appeal also before the 1 st respondent. sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 22214 OF 2023 6 APPENDIX OF WP(C) 22214/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE NOTICE INVITING TENDER WITH REFERENCE NO. LPG-O/INDUSTRY/PVT. BOTTLERS/2 DATED 07-03-2019 Exhibit-P2 A TRUE COPY THE FINAL MARKSHEET DATED 27- 11-2019 Exhibit-P3 A TRUE COPY OF THE APPEAL MEMORANDUM
SUBMITTED BY THE PETITIONER BEFORE THE 1ST TO 4TH RESPONDENTS DATED 19-06-2023 WITHOUT ANNEXED DOCUMENTS
Exhibit-P3(A) THE POSTAL RECEIPTS SHOWING THE DESPATCH OF EXHIBIT-P3 APPEAL TO THE RESPONDENTS NOS. 1 TO 4 ALL ARE DATED 24-06-2023 Exhibit-P4 A TRUE COPY OF THE INTERIM ORDER DATED 07-04-2022 IN W.P.(C) NO. 12828/2021 ON THE FILES OF THE HIGH COURT OF KERALA Exhibit-P5 A TRUE COPY OF THE INDUSTRY RECORD NOTE DATED 09-01-2023 Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED 21-03- 2023 IN W.P.(C) NO. 12828/2021 Exhibit-P7 A TRUE COPY OF THE JUDGMENT IN W.A NO. 851 OF 2023 DATED 13-06-2023 Exhibit-P8 A TRUE COPY OF THE LETTER BEARING NO.
BPC/PW BOTTLER/PALAKKAD DATED 19-04-2023 ISSUED BY THE GENERAL MANAGER OPS. / HSSE (LPG), HQ OF BHARAT PETROLEUM CORPORATION LTD.