SURYA TRADERS Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Sri.P.B Krishnan the learned counsel appearing for the petitioner. Smt.Molly Jacob the learned Standing counsel for the Kerala State Civil Supplies Corporation Limited, for short 'Supply Co' (respondents 2, 3 and 4) is also present. The learned Government Pleader Sri.Tek Chand represents the 1st respondent. Sri.Babu Paul the learned counsel, appears for the 5th respondent.

(2.) This case is posted before the Division Bench in pursuant to the order passed by the learned Single Judge on 12.02.2019. The writ petitioner is the Son of the contracted mill owner and is also the proprietor of an independent proprietary concern, in the name of 'Surya Traders'. He responded to the tender notice dated 12.10.2018 (Ext.P1) of the Supplyco, whereby tenders were invited for sale of flood affected rice and paddy, unfit for human consumption. It was stipulated as part of the terms and conditions that the contracted mill owners or their agents are ineligible to participate in the tender. Besides the successful tenderers were obliged to not to use the damaged rice and paddy, for manufacturing rice or rice based food products but those could be used for other industrial purposes.

(3.) In respect of the tender of the writ petitioner, the Supplyco in their communication dated 07.02.2019 (Ext.P4) informed that the petitioner is the son of the mill owner having contract with the Supplyco, and therefore, it was presumed that the petitioner has the heirship of the mill and would accordingly be an agent of the contracted mill owner. On this basis, the petitioner was excluded from the tender process by the Ext.P4 communication. This was challenged in the writ petition by the aggrieved bidder.