SUGUNAN Vs. KUNNAMKULAM MUNICIPALITY

JUDGEMENT

(1.) In this Writ Petition, the challenge is against Ext.P 11, an order passed by the Tribunal for Local Self Government Institutions.

(2.) Petitioner states that he is a resident of the 1st respondent Municipality. Ext.P8 is a notice issued by the respondent Municipality inviting bids for private sector participation in the implementation, construction, operation and maintenance of E.K. Nayanar Memorial Bus Terminal Complex at Kunnamkulam, Thrissur. It is stated in Ext.P8 that the project will be implemented on a Build, Operate and Transfer (BOT) basis by the party selected from amongst those bidding on the basis of Ext.P8. Although several persons purchased tender documents and participated in the pre-bid meetings, finally bid was received only from the 3rd respondent herein, M/s. Ganga Constructions. The bid was considered and by Ext.P9 resolution, the Municipality resolved to accept the offer made by the 3rd respondent with a concession period of 17 years and 11 months.

(3.) Against Ext.P9 resolution, the petitioner filed Ext.P-10 appeal before the 4th respondent, the Tribunal for Local Self Government Institutions invoking its power under Section 509(7) of the Kerala Municipality Act, 1994. The appeal was numbered as Appeal No. 4191/09. By Ext.P11 order dated 4/12/09, the Tribunal returned the appeal on the reasoning that Ext.P9 is not a decision appealable under Section 509(7) of the Act. According to the Tribunal, Ext.P9 is a decision traceable to 216 of the Act and therefore the remedy available to the petitioner is under Section 57 of the Act, provided there are valid grounds for doing so. It is thereupon that the Writ Petition is filed seeking to challenge Ext. P11 order of the Tribunal.