BOSE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The Divisional Forest Officer, Konni issued Order No.KNA1-592/17 dated 12.10.2020 cancelling an earlier e-tender notification dated 25.05.2020 for final felling works of 1954 Nellidappara in South Kumaramperoor Forest Station under Konni Range in Konni Forest Division and decided to float tender afresh. The petitioners in all the three writ petitions are challenging the decision of the Divisional Forest officer cancelling the e-tender dated 25.05.2020 and floating fresh tender.

(2.) The Principal Chief Conservator of Forests issued a Circular dated 29.02.2020 on renewal of registration of A Class Contractors. The Circular provided that A Class registered contractors who have not participated in any of the tenders notified by the Department for timber extraction during the last financial year, are not eligible to get renewal of A Class registration. On the basis of this Circular, the registration of the petitioners in W.P.(C) Nos.24075/2020 and 24241/2020 were not renewed. While so, the earlier e-tender dated 25.05.2020 for the work in question was floated.

(3.) The petitioners in W.P.(C) Nos.24075/2020 and 24241/2020 thereupon filed W.P.(C) Nos.11854/2020 and 12389/2020 respectively, challenging the Circular dated 29.02.2020 and also sought directions to permit them to participate in the e-tender dated 25.05.2020. This Court in those writ petitions passed interim orders which permitted the petitioners to participate in the tender proceedings provisionally. Those writ petitions were finally disposed of setting aside the impugned orders declining renewal of registration of the petitioners and directing the Registering Authority to reconsider their applications for renewal of registration on merits, dehors the Circular dated 29.02.2020, as per Ext.P3 judgment in W.P.(C) No.24075/2020. (The Exhibits are referred to in this judgment, as they are marked in W.P.(C) No.24075/2020).