SANIL VARGHESE Vs. THIRUVALLA MUNICIPALITY

JUDGEMENT

(1.) Instant writ appeal is filed by the writ petitioner, against judgment dated 14.11.2019 in W.P.(C) No.25973 of 2019, by which the writ court declined to entertain the writ petition and consequently, closed by observing thus:

(2.) Short facts leading to the appeal are that appellant/writ petitioner is aggrieved by illegal action of Thiruvalla Municipality (respondent No.1) in awarding the work of collecting solid waste to CHRIS Global Traders, Thiruvalla (respondent No.5), without resorting to tender process. According to the appellant, property of Thiruvalla Municipality and Material Recovery Facility Centre (hereinafter referred to as 'MRF', for brevity) was handed over to the 5th respondent without fixing a fair and reasonable rent. The machinery installed at the MRF was also handed over to the 5th respondent without fixing the rent through competitive bidding.

(3.) Appellant has further contended that the work of collecting solid waste within the limits of Thiruvalla Municipality was awarded earlier by inviting tenders and by publishing the tender notice in a leading vernacular newspaper. Similarly, the work of preparing detailed project report for installing waste disposal system at Taluk Hospital, Thiruvalla was also awarded by inviting tenders as per the decision in Agenda No.5 H6-18547/18 dated 8.8.2019 of Thiruvalla Municipality (Exhibit-P2). The 5th respondent has participated in the tender process for the work relating to removal of solid waste from the areas of Thiruvalla Municipality from 1.8.2015 to 31.07.2016 and the work was awarded to. Thereafter, the 5 th respondent executed an agreement with Thiruvalla Municipality on 1.8.2015. As per the terms of the said agreement, responsibility to collect solid waste was with the 5 th respondent by bearing the cost for collection, removal and disposal of solid waste and they were permitted to use the property of the 1st respondent Municipality.