PRINCIPAL CHIEF CONSERVATOR OF FOREST (PLANNING AND DEVELOPMENT) FOREST HEADQUARTERS,VAZHUTHACAUD Vs. SURESH MATHEW

JUDGEMENT

(1.) The above appeals are filed by the Chief Conservator of Forests and the other forest officials challenging the common judgment of the learned single Judge dated 16.11.2020 in W.P.(C) Nos. 24241, 24075, and 22944 of 2020, whereby the learned single Judge allowed the writ petitions and held that cancellation of earlier tender and the action of retendering the same work again is illegal and uncalled for, and accordingly the order dated 12.10.2020 and re-tender notification dated 31.10.2020 were set aside and it was further declared that the petitioners in W.P.(C) Nos. 24075 and 24241 of 2020, who have been granted renewal of licence, should be treated as qualified to participate in the earlier tender pursuant to the renewal of their A class licence. Consequently, the appellants were directed to proceed with the etender dated 25.05.2020 and award the work to the eligible tenderer at the earliest. It is, thus, challenging the legality and correctness of the said judgment, the appeals are filed.

(2.) Brief material facts for the disposal of the appeals are as follows: The Divisional Forest Officer, Konni issued an order dated 12.10.2020 cancelling an earlier e-tender notification dated 25.05.2020 for final tree felling works of 1954 Nellidappara in South Kumaramperoor Forest Station under Konni Range in Konni Forest Division and decided to float a tender afresh. The writ petitioners were participants in the earlier e-tender notification dated 25.05.2020 and according to them, the action of the appellants' to retender the work after cancelling the earlier tender was an arbitrary and illegal action. In fact, the Principal Conservator of Forests issued a circular dated 29.02.2020 in regard to the renewal of registration of A class contractors, wherein it was stipulated 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 the A class registration.

(3.) On the basis of the said circular, the registration of the petitioners in W.P.(C) Nos. 24075 and 24241 of 2020 were not renewed. However, the appellants have floated the e-tender dated 25.05.2020 for the work in question. The said petitioners, being aggrieved by the said action, have approached this Court by filing W.P. (C) Nos. 11854 and 12389 of 2020 respectively challenging the aforesaid circular dated 29.02.2020, in which interim directions were sought to permit them to participate in the e-tender dated 25.05.2020. A learned single Judge of this Court granted interim orders permitting the said petitioners to participate in the tender proceedings provisionally. To put it short, as per common judgment dated 28.09.2020, the said writ petitions were finally allowed setting aside the impugned orders declining renewal of registration of the petitioners and directing the authority to reconsider their applications for renewal of registration on merits dehors the circular dated 29.02.2020. Anyhow, the Divisional Forest Officer cancelled the etender dated 25.05.2020 as per an order dated 12.10.2020 and floated fresh tenders for the same work on 31.10.2020. It is, thus, challenging the said orders, the writ petitions were filed.