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2025 DAILYLAW 3980 (KER)

CHAMS PHYGITAL MEDIA PRIVATE LIMITED v. THE KERALA STATE ROAD TRANSPORT CORPORATION

WP(C)/8159/2025 · 2025-04-09

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30748 WP(C) NO. 8159 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 9TH DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 WP(C) NO. 8159 OF 2025 PETITIONER: CHAMS PHYGITAL MEDIA PRIVATE LIMITED CHAMS HOUSE, S.A. ROAD, VYTTILA POST, ERNAKULAM DISTRICT, REPRESENTED BY ITS DIRECTOR, PIN - 682019 BY ADVS. RILGIN V.GEORGE K.T.RAVEENDRAN AKSHARA K.P. ARATHY P.S. MEERA J. MENON ANAGHA MANOJ RESPONDENTS: 1 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM, PIN –, PIN - 695021 2 THE MANAGING DIRECTOR THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM, PIN - 695023 BY ADV DEEPU THANKAN SC SRI. AKHIL SURESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30748 WP(C) NO. 8159 OF 2025 2 Dated this the 9th day of April, 2025 JUDGMENT The writ petition is filed to quash Ext.P3 order and Ext.P4 tender notice, and direct the respondents to proceed with round No. 4 of Ext.P1 notice. 2. When the writ petition came up for consideration on 13.3.2025, this Court passed the following order. “Today when the writ petition was taken up for consideration, the learned Standing Counsel appearing for the respondents had handed over Corrigendum No.1, wherein it is stated that the last date for submission of the bid is 17.03.2025 at 05.00 p.m. and the bid would be opened on 19.03.2025 at 11.00 a.m; and Corrigendum-2, wherein it is stated that the base price is fixed at Rs. 15,84,00,000/- as annual license fees for 4000 buses. 2. In the light of the above Corrigendums, it would be upto the petitioner to participate in the tender. 3. On a consideration of the facts and the materials on record, particularly the interim order already passed by this Court in W.P.(C) No.1400/2025, I am satisfied that the petitioner is entitled to an interim order. Hence, in case the petitioner submits his bid in response to Ext.P4 tender notice; the 1st shall accept the same, without invoking clause 6(c) of Ext.P4. Post on 21.03.2025.” 3. Heard; the learned Senior counsel for the petitioner and the learned Standing Counsel for the respondents. 4. The learned Standing Counsel for the 2025:KER:30748 WP(C) NO. 8159 OF 2025 3 respondents submitted that the petitioner was the lowest bidder and his bid was accepted for Rs.18.56 crore and the contract covered by the tender would be awarded to the petitioner. Therefore, the writ petition has outlived its purpose. On a consideration of the facts and materials on record, and the rival submissions made across the Bar, particularly that the tender has been awarded to the petitioner, leaving open all the other questions that have been raised in the writ petition, this writ petition is closed. Sd/- rmm9/4/2025 C.S.DIAS, JUDGE 2025:KER:30748 WP(C) NO. 8159 OF 2025 4 APPENDIX OF WP(C) 8159/2025 PETITIONER EXHIBITS Exhibit.P1 A TRUE COPY OF THE NOTICE INVITING TENDER (NIT) DATED 24.12.2024 Exhibit P2 A TRUE COPY OF THE ORDER DATED 20.01.2025 IN WPC NO: 1400 OF 2025 Exhibit P3 A TRUE COPY OF THE ORDER DATED 25.02.2025 Exhibit P4 A TRUE COPY OF THE NOTICE INVITING TENDER (NIT)-RE-TENDER DATED 25.02.2025 Exhibit P5 A TRUE COPY OF THE TECHNICAL BID EVALUATION RESULT DATED 07.02.2025 Exhibit P6 A TRUE COPY OF THE ‘E-AUCTION NOTICE’ DATED 17.02.2025 Exhibit P7 A TRUE COPY OF THE CONSOLIDATED FIGURES WITH RESPECT TO ADVERTISEMENT REVENUE OF KSRTC Exhibit P8 A TRUE COPY OF THE COMMUNICATION DATED 06.05.2021 Exhibit P8(a) A TRUE COPY OF THE COMMUNICATION DATED 28.04.2021 Exhibit P9 A TRUE COPY OF THE TENDER SUMMARY REPORT DATED 20.02.2025 RESPONDENT EXHIBITS EXHIBIT R1-(A) TRUE COPY OF THE MINUTES (ORDER NO.ES03/96/2024-EST-KSRTC-HQ) OF THE MEETING HEADED BY THE FA AND CAO DATED 05/02/2025 EXHIBIT R1-(B) TRUE COPY OF THE MINUTES (ORDER NO.ES 03/96/EST-KSRTC-HQ) OF THE MEETING HEADED 2025:KER:30748 WP(C) NO. 8159 OF 2025 5 BY THE FA AND CAO , DATED 10/02/2025 EXHIBIT R1-(C) TRUE COPY OF THE SCREEN SHOT OF THE PAGES OF THE WEBSITE OF THE PETITIONER DATED NIL PETITIONER EXHIBITS Exhibit P10 A TRUE COPY OF COMMUNICATION (E-MAIL) RECEIVED BY THE PETITIONER DATED 17.02.2025 INTIMATING THE PUBLICATION OF THE E-AUCTION NOTICE (EXHIBIT P6) DATED 17.02.2025 Exhibit P11 EXHIBIT P11- A TRUE COPY OF THE CERTIFICATE ISSUED BY THE K.S.R.T.C. DATED 20.04.2022