IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

WP(C).No.370 OF 2020(U)

PETITIONER :-

THE TRIVANDRUM DISTRICT PETROLEUM TRADERS

ASSOCIATION, REG.NO.TVM/TC/345/2016,
RC 68/2475(1), THIRUVALLAM.P.O.,
THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.O.D.SIVADAS

RESPONDENTS :-

1 THE INDIAN OIL CORPORATION LIMITED,

REPRESENTED BY ITS CHIEF GENERAL MANAGER,
KERALA STATE OFFICE, PANAMPILLY NAGAR,
COCHIN - 682 036.

2 THE CHIEF GENERAL MANAGER,

INDIAN OIL CORPORATION LIMITED,
KERALA STATE OFFICE, PANAMPILLY NAGAR,
COCHIN - 682 036.

3 THE GENERAL MANAGER (OPERATORS),

INDIAN OIL CORPORATION LIMITED,
KERALA STATE OFFICE, PANAMPILLY NAGAR,
COCHIN - 682 036.

BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR

BY ADV. SRI.K.JOHN MATHAI
BY ADV. SRI.JOSON MANAVALAN
BY ADV. SRI.KURYAN THOMAS
BY ADV. SRI.PAULOSE C. ABRAHAM

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.370 OF 2020(U)

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JUDGMENT
Dated this the 23rd day of January 2020

This writ petition is filed seeking the following prayers :-

“1) Call for records leading to Ext.P1 and set aside the
condition regarding age of the vehicle stipulated in clause
7 of the terms and conditions of the tender notification.
2) Issue a writ of mandamus or other appropriate writ, order
or direction to the respondents to accept the tender from
the dealers for transportation of Bulk Petroleum Products
and process the application and award the tender
untrammeled by the condition regarding age stipulated in
clause 7 of the terms and conditions of the tender
notification.
3) Declare that the condition regarding age of the vehicle
prescribed in clause 7 of the terms and conditions of the
tender notification of the vehicle is illegal, arbitrary and
unjustifiable.”

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. The contention of the petitioner is that in Ext.P1, which

is an e-tender inviting expression of interest for road

transportation of bulk petroleum products for dealers/consumers,

clause 7 has been inserted, which prescribes that model of tank

trucks offered should be those necessarily manufactured on or

after 1.1.2008. The learned counsel submits that such a condition

in the tender would disable the petitioner from offering tank trucks
WP(C).No.370 OF 2020(U)

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which have due certificates of registration and fitness certificate

and that the petitioner is entitled to participate in the tender with

tank trucks having all requisite certifications.

4. A statement has been placed on record by the

respondents contending that the insertion of a clause with regard

to the age of tank trucks is a prerogative of the tendering authority

and there is absolutely no illegality in the same. In any view of the

matter, since the issue involves a condition with regard to the age

of tank trucks, I am of the opinion that it is for the competent

among the respondents to take an appropriate decision in the

matter.

In the above view of the matter, in case the petitioner

approaches the competent among the respondents with an

appropriate representation pointing out his grievances as against

clause 7 in Ext.P1, the same shall be considered appropriately by

the respondents.

This writ petition is ordered accordingly.

Sd/-
ANU SIVARAMAN
JUDGE

Jvt/23.1.2020
WP(C).No.370 OF 2020(U)

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APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF E-TENDER

ISSUED BY THE 3RD RESPONDENT FOR INVITING
EXPRESSION OF INTEREST FOR ROAD TRANSPORTATION OF
BULK PETROLEUM PRODUCTS.

EXHIBIT P2 TRUE COPY OF THE PROCEEDING DATED 29.03.2018

ISSUED BY THE INDIAN OIL CORPORATION PERMITTING
SUBSTITUTION OF 15 YEAR OLD VEHICLE AFTER
ALLOTMENT OF WORK ORDER FOR TRANSPORTATION OF
BULK PETROLEUM PRODUCTS.

//TRUE COPY//

P.A. TO JUDGE