Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nKerala High Court\nBaby Joseph vs The State Of Kerala on 2 November, 2021                  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n                                  PRESENT\n              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR\n                                     &\n                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY\n        Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943\n                    IA.NO.3/2021 IN WA NO. 1350 OF 2021\n\n   AGAINST JUDGMENT DATED 13.10.2021 IN WP(C) 16522/2021 OF THIS COURT.\n\n                                      ---\n\nAPPLICANT/APPELLANT IN WRIT APPEAL:\n\n BABY JOSEPH,AGED 62 YEARS, S/O.JOSEPH,THAYIL HOUSE,\n\n TEEKOY P.O., ERATUPETTA, KOTTAYAM- 686 580.\n\nRESPONDENTS/RESPONDENTS IN WRIT APPEAL:\n\n1.THE STATE OF KERALA,\n\n  REPRESENTED BY THE SECRETARY TO GOVERNMENT,\n\n  FOREST AND WILDLIFE DEPARTMENT,SECRETARIAT,\n\n  THIRUVANANTHAPURAM -695 039.\n\n2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS\n\n  (PLANNING & DEVELOPMENT) FOREST HEADQUARTERS,\n\n  VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 014.\n\n3.THE CHIEF CONSERVATOR OF FORESTS,\n\n  SOUTHERN CIRCLE, KOLLAM -691 001.\n\n4.THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE,\n\n  RANNI, PATHANAMTHITTA- 689 672.\n\n5.JIM ZACHARIAH THOMAS,KOIKKAL HOUSE,NELLIKKAMAN P.O.,\n\n  RANNI, PATHANAMTHITTA -689 674.\n\n6.PRASAD JOSEPH,KOICKAL HOUSE,ANGADI P.O.,\n\n  RANNI, PATHANAMTHIITTA -689 674.\n\n                                                                      P.T.O.\n 7.SHAMEER B., SHAMEER MANZIL, CHEMPANARUVI P.O.,\n\n  PIRAVANTHOOR, KOLLAM- 689 696.\n\n\n     Application praying that in the circumstances stated in the\naffidavit filed therewith the High Court be pleased to issue an interim\norder directing the 4th and 5th respondents not to execute the agreement\nas per Annexure 4 and to refrain from starting the work as awarded under\nAnnexure 4, pending disposal of this Writ Appeal.\n\n\n     This Application coming on for orders upon perusing the application\nand the affidavit filed in support thereof and this court's order dated\n22.10.2021 in WA 1350/2021, and upon hearing the arguments of\nM/S.PRASANTH S.& VARSHA BHASKAR, Advocates for the petitioner and of\nSRI.T.P.SAJIN, Government Pleader for the respondnets 1,2,3 & 4, the court\non the same day passed the following:\n\n\n                                                                    P.T.O.\n ANNEXURE 4:TRUE COPY OF THE AWARD OF CONTRACT FOR\n\nTENDER ID 2021_FD_415792_1 DIGITALLY SIGNED BY THE\n\n4TH RESPONDENT ON 23.10.2021.\n\n                                ---\n                        S. MANIKUMAR, CJ\n                                 &\n                        SHAJI P. CHALY, J\n            ---------------------------------------------\n                   I.A. Nos. 1, 2 & 3 of 2021\n                                 in\n                     W.A. No. 1350 of 2021\n           ------------------------------------------------\n           Dated this the 2nd day of November, 2021\n\n                          ORDER\nS. MANIKUMAR,CJ.\n\n    I.A. No. 1 of 2021\n\n    On 22nd October, 2021, we passed the following order:\n\n                "Being aggrieved by the judgment in W. P. (C)\n         No. 16522 of 2021 dated 13.10.2021, by which the\n         writ court, after considering the submissions of the\n         parties, and going through the relevant tender\n         conditions, found no reason to interfere with the action\n         of the official respondents, and accordingly dismissed\n         the writ petition, instant writ appeal is filed.\n\n                2. Though Mr. Prasanth S., learned counsel for\n         the appellant, submitted that during the pendency of\n         the writ petition, there was an order of interim stay,\n         protecting the interest of the appellant, and no sooner\n         the writ petition was dismissed, work order has been\n         awarded to the private respondents, and further\n         submitted that there was no delay on the part of the\n         appellant in moving this Court, and in the abovesaid\n         circumstances, prayed an interim stay of the operation\n         of the judgment, we are not inclined to issue any\n         interim order, for the reason that contract has been\n         awarded and agreement has also been entered into\n         between the parties. However, inasmuch as\n         contentious issues has been raised, we deem it fit to\n         admit the writ appeal.\n W.A No. 1350/2021                   :2:\n                   3. Award of contract and agreement entered\n            into by and between the parties would be subject to the\n            result of the writ appeal."\n\n                    Post on 08.11.2021."\n      2. Appellant has filed I.A. No.1 of 2021 to accept Annexures 1\n\nand 2 documents on record. An affidavit is also filed along with the\n\npetition stating that in subsequent tenders, issued in divisions under\n\nthe 3rd respondent, a corrigendum was issued, modifying the condition\n\nthat if the quoted PAC differ estimate PAC by more than 25%, the bid\n\nwill be rejected, and that Annexure 1, extract of the Kerala Public\n\nWorks Department Manual Revised Edition, 2012, and Annexure 2,\n\nnotice inviting Tender No. KNC2-4726/21 dated 05.10.2021, issued by\n\nthe Divisional Forest Officer, Konni Forest Division, along with the\n\ncorrigendum, are necessary for deciding the appeal.\n\n      3. Accepting the reasons stated in the affidavit, this I.A. is\n\nallowed.\n\n      I.A. No. 2 of 2021\n\n      4. This is a petition to accept Annexures 3 and 4 as additional\n\ndocuments. Annexure 3 is the Tender Summary Report for tender ID\n\n2021-FD-415792-1 on the e-tender website of Government of Kerala\n\nas updated on 23.10.2021 and Annexure 4 is the copy of the award of\n\ncontract for tender ID 2021-FD-415792-1, digitally signed by the 4 th\n W.A No. 1350/2021                       :3:\n\n\n\n\nrespondent on 23.10.2021. Accepting the reasons stated in the\n\naccompanying affidavit, this I.A. is allowed.\n\n      I.A. No. 3 of 2021\n\n      5.     This is a petition to issue an interim order directing the\n\nDivisional     Forest      Officer,    Divisional    Forest   Office,   Ranni,\n\nPathanamthitta,      and     Jim      Zachariah     Thomas,   Koikkal   House,\n\nNellikkaman P.O., Ranni, Pathanamthitta, respondents 4 and 5\n\nrespectively, not to execute the agreement, as per Annexure 4 Award\n\nof Contract digitally signed by the 4 th respondent on 23.10.2021, and\n\nto refrain from starting the work as awarded under Annexure 4,\n\npending disposal of the appeal.\n\n      6.     We have gone through the affidavit filed in support of the\n\npetition and the abovesaid annexures.\n\n      7. Mr. T.P. Sajin, the learned Government Pleader appearing for\n\nthe Forest Department, submitted that the agreement in question has\n\nbeen executed on 18.10.2021 and not on 23.10.2021, as submitted by\n\nthe learned counsel for the appellant. He further submitted that the\n\nsaid agreement was already handed over to the respondent Nos. 5 to\n\n7 on 19.10.2021 along with the Mahazar, and a portion of the trees\n\nhas already been cut.\n W.A No. 1350/2021                  :4:\n      8. Learned counsel appearing for respondent Nos.5 to 7\n\nsubmitted that pursuant to the execution of the agreement, 65% of\n\nthe work awarded, has already been completed and trees have been\n\ncut, but not transported. Submission of the learned counsel is placed\n\non record.\n\n      9. Per contra, learned counsel for the appellant submitted that as\n\nper the website details, the contract of tender ID:2021-FD-415792-1\n\nhas been digitally signed by the DFO, Ranni, Pathanamthitta only on\n\n23.10.2021, and therefore, there could not have been any agreement\n\nas on 18.10.2021, signed and alleged to have been handed over to\n\nrespondent Nos. 5 to 7. He further submitted that if the entire trees\n\nare cut and removed, writ appeal would become a fait accompli.\n\n      10. Having heard the learned counsel for the parties, in the\n\ninterest of justice, we direct that there shall not be any further felling\n\nof trees, in the subject site, under the contract and the trees said to\n\nhave been cut shall not be allowed to be transported and no permit\n\nshould be granted by the DFO, Ranni, Pathanamthitta, respondent No.\n\n4, or an other competent authority, for transporting. Party respondents\n\nare directed to comply with the directions. Any further felling of the\n\ntrees would amount to violation of the orders of this Court.\n        W.A No. 1350/2021                         :5:\n             11. Learned Government Pleader appearing for the Forest\n\n       Department shall communicate the order of this Court forthwith for\n\n       implementation.          Non compliance of the above directions would be\n\n       viewed seriously.\n\n             12.     Based on the above orders, learned counsel for the\n\n       appellant is permitted to make a representation to the Principal Chief\n\n       Conservator         of      Forests       (Planning       and   Development),\n\n       Thiruvananthapuram, and the Chief Conservator of Forests, Southern\n\n       Circle, Kollam, respondents 2 and 3, for immediate action.\n\n             Post the matter on 08.11.2021.\n\n\n                                                                 Sd/-\n                                                            S. MANIKUMAR,\n                                                            CHIEF JUSTICE\n\n\n                                                                 Sd/-\n                                                            SHAJI P. CHALY,\n                                                                JUDGE\n       Rv\n\n\n                                           //TRUE COPY//\n\n\n\n                                             P.A. TO C.J.\n\n\n\n\n02-11-2021                         /True Copy/                              Assistant Registrar