IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 15374 of 2002(E)
1. RAJIV GANDHI STUDY CENTRE,
... Petitioner
Vs
1. THE THRISSUR MUNICIPAL CORPORATION
... Respondent
2. THE SECRETARY,
3. UNNIKRISHNAN, EACHARATH, ROOM NO.318,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/08/2008
O R D E R
ANTONY DOMINIC, J.
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2002 E
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Dated this the 18h day of August 2008
J U D G M E N T
The challenge in this original petition is against Ext. P2, a
decision taken by the 1st respondent, reducing the rental payable by
the 3rd respondent, by its decision No. 302/98.
2. According to the petitioner, for letting out rooms belonging
to the Corporation tenders were invited and in the tender process
the offer made by the 3rd respondent being the highest, was
accepted by the 1st respondent. It is stated that accordingly,
Rs.2605/- was fixed as the rental and on that basis Ext. P1 order of
allotment was also issued. Petitioner submits that subsequently, on
a representation made by the 3rd respondent, by Ext. P2 impugned
decision, the Corporation decided to reduce the rental payable.
3. Petitioner contends that having fixed the rental in a tender
process by accepting the highest bid, it is not open to the
Corporation to have reduced the same. According to the learned
O.P. No. 15374 OF 2002
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counsel, this decision is vitiated by malafides in as much as the 3rd
respondent is a Councillor. It is also contended that at reduced
rate, the 3rd respondent is continuing occupation, and that too for
an indefinite period.
4. I am not inclined to interfere in the impugned decision for
more reasons that one. In my view, petitioner cannot style himself
as an aggrieved person for the reason that though the petitioner
makes a claim in the writ petition that they were also interested in
getting this room allotted to them, the fact remains that they had
not participated in the tender process.
5. That apart, it is also seen that the tender in question was
invited in 1997, the impugned decision was taken on 26.9.1998 and
the original petition was filed only on 10.6.2002. This long delay is
sought to be explained by the petitioner by making reference to Ext.
P3, a representation stated to have been made by them. In my
view, a representation, particularly a non-statutory one, does not
result in condonation of delay and even if such a representation is
filed that will not enable the petitioner to contend that the writ
petition was filed in time.
O.P. No. 15374 OF 2002
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6. As far as the petitioner’s plea of malafides is concerned,
this is founded on the basis that the 3rd respondent was a Councillor
of the 1st respondent. Learned counsel for the 3rd respondent
submitted that he was a Councillor from 2000 and that the period
also has expired. Though the petitioner has not succeeded in
establishing any malafides as such, still facts remain that neither in
1997 nor in 1998 when the impugned decision was taken, the 3rd
respondent was a Councillor. Therefore, this contention has no
factual basis.
7. Yet another plea raised by the petitioner is regarding the
indefinite continuance of the 3rd respondent. This plea again is of
no substance. Going by their own statement, petitioner was also
aspiring for allotment of the room. Petitioner has no case that the
permit to the 3rd respondent to continue in the room indefinitely is
granted against the tender conditions.
8. The right of continuance of the 3rd respondent is governed
by the terms of the tender and the contract that was entered into
between the parties. However, when the tender permitted such
continuance, the petitioner cannot take objection to the same.
O.P. No. 15374 OF 2002
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9. For all these reasons I am not inclined to entertain the
original petition.
Original petition fails and is dismissed.
ANTONY DOMINIC
JUDGE
jan/-
O.P. No. 15374 OF 2002
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ANTONY DOMINIC, J.
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O.P. No. 15374 OF 2002 E
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J U D G M E N T
18-8-2008.