BAVA Vs. CORPORATION OF COCHIN

JUDGEMENT

(1.) FORT Cochin has to its credit a historic tradition and a geographical grandeur. At its northern tip, many thousands gather every day. There is a ferry. Along the month of the sea, people cross and re-cross from Vypeen to FORT Cochin and back. Many from the island ferry across to FORT Cochin, and travel beyond, in the trading concerns and commercial centres, and in numerous public offices. Central and State. Many cars and those who travel in them utilise the 'junkar' service at the same spot, for saving distance and time otherwise wasted by the circuitous route. Those who reach the spot and wait along may have a natural need to have a sip of tea or a bite at a snack. The Cochin Corporation which runs the ferry is mercifully alive to the need of the travelling public. A canteen is established for their benefit. It is rightly called "the Vypeen Bus Stand Canteen. "

(2.) IN tune with the desirable pattern of functioning, the corporation invites tenders for running its stalls, shops or canteens. Vypeen is one such place in respect of which auctions are regularly and recurringly held. Respondent No. 4 was the successful bidder for the year 1985-86. The tender in that behalf was published on 23-1-1985. He submitted his tender on 15-2-1985. The sum offered was Rs. 13. 080/ -. The Taxation and Finance Committee considered that tender on 20-3-1985. The tender as recommended by the Committee was accepted by the Council on 28-3-1985. The agreement in that behalf was executed on 8-4-1985.

(3.) COUNTER-affidavits have been filed on behalf on the Corporation. deposed to by the Commissioner himself and on behalf of the 4th respondent. The affidavit of the Corporation, gives a candid account of the various events connected with the Vypeen Canteen contract. Counsel for the Corporation also put forward his submissions consistent with that attitude of the Corporation.