V SIVAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner as an offeror for collection of taxes for lamp post advertisements has filed this Original Petition seeking to quash Ext. P4 proceedings of Corporation of Kochi and for a direction to conduct an auction or invite tenders for awarding the right to collect taxes for the year 1998-99. He has also prayed for a direction to the 2nd respondent Corporation not to award the right to collect taxes to the 3rd respondent.

(2.) Brief facts leading to the filing of the Original Petition are as follows : The Corporation of Kochi (hereinafter referred to as the 'Corporation' farms out the collection of tax on advertisement within the territorial limits of the Corporation from year to year. For the previous year i.e. from 1-4-97 to 31-3-98, the right to collect advertisement taxes was given to the 3rd respondent by inviting tenders on 26-2-97. On enquiry by the petitioner, he was informed that for this year also, it will be tendered or auctioned in the month of January or February as usual for the previous year. However, the Corporation decided to give the right to the 3rd respondent by private negotiation by increasing the previous year's kist amount by 10% without inviting tenders or public auction. The request of the 3rd respondent dated 6-2-98 for renewal of the contract was accepted for Rs. 12,22,222/- higher by 10% on 7-3-98 overruling the objection of the Secretary of the Corporation indicating that auction was the correct procedure to be adopted. On coming to know of these developments, petitioner submitted a representation dated 26-3-98 expressing his willingness to take the right at the rate of Rs. 15 lakhs, before the 3rd respondent remitted the security deposit and entered into the contract. In the representation, he also requested to cancel the unlawful action in entrusting the right of collection to the former contractor without any tender. Since no action was taken on the said representation, petitioner filed this original petition on 31-3-98.

(3.) This Court in C.M.P. 11580/98 on 1-4-98 passed the following order :"