Kerala High Court
Palathra Constructions vs Government Of Kerala on 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.28294 OF 2020(J)
PETITIONER:
PALATHRA CONSTRUCTIONS,
S.PURAM P.O., KURICHY, KOTTAYAM, KERALA - 686 532,
(REPRESENTED BY MANAGING PARTNER, SRI.SHAJI MATHEW)
BY ADV. SRI.P.DEEPAK
RESPONDENTS:
1 GOVERNMENT OF KERALA,
PUBLIC WORKS DEPARTMENT, 1ST FLOOR, SOUTH BLOCK,
SECRETARIATE, THIRUVANANTHAPURAM - 695 001,
(REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT)
2 THE SUPERINTENDING ENGINEER,
PWD (ROADS & BRIDGES), CENTRAL CIRCLE,
ALUVA - 683 101.
BY SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28294 OF 2020(J)
2
JUDGMENT
The petitioner had participated in an
e-tender invited by 2nd respondent on
09.06.2017, in connection with the budget to
work for the year 2016-17 for providing BM & BC
surfacing to Edamuttam-Edathiruthy road.
2. It is stated that petitioner had
remitted a sum of Rs.1,00,000/- towards Earnest
Money Deposit in addition to tender fee of
Rs.7,875/-. The petitioner's name was published
in the list of unsuccessful bidders, after the
financial evaluation, in the e-tender website
on 04.04.2018. It is stated that the Earnest
Money Deposit was not released to petitioner
though the tender fee of a sum of Rs.7,875/-
was released. Petitioner complains that even
after repeated representations, starting from
Ext.P1 dated 28.06.2019 and followed by Exts.P2
and P3, the respondents have not released the
EMD due to him.
WP(C).No.28294 OF 2020(J)
3. Though as per Ext.P4 letter, the
Superintending Engineer informed the petitioner
on 28.11.2019 that there occurred some mistake
in uploading, in respect of tender fee and EMD,
in the case of petitioner and therefore steps
are afoot for releasing the same, no action was
taken thereafter.
4. The learned Government Pleader on
instructions submits that there occurred some
mistakes on the part of the respondents in the
uploading. It is admitted that petitioner
should have been given the Earnest Money
Deposit along with the tender fee since he was
not successful. It is submitted that the
Finance Officer has been taking up the matter
with the higher authorities for correcting the
mistake, for a long time. It is pointed out
that further time is required for payment,
since the accounting year is different.
6. The petitioner, who should have been
WP(C).No.28294 OF 2020(J)
given the EMD back immediately, when the
financial bid was announced/uploaded, is yet to
get the same. The petitioner has also prayed
for a direction to respondents to pay interest
for the delayed payment.
As it is seen that mistake occurred on
the part of the respondents, there shall be a
direction to the respondents to see that the
refund of the EMD is made to the petitioner,
within a period of two weeks from today,
failing which the respondents would be liable
to pay interest to the petitioner at the rate
of 9% per annum for the period, from 04.04.2018
till date of payment.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.28294 OF 2020(J)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED
28.06.2019 ADDRESSED TO THE SECOND
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED
22.07.2019 ADDRESSED TO THE HON'BLE
MINISTER FOR PUBLIC WORKS.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED
22/10/2019 UNDER THE RIGHT TO INFORMATION
ACT, 2005.
EXHIBIT P4 A TRUE COPY OF THE REPLY DATED 28/11/2019
FROM THE OFFICE OF THE SECOND RESPONDENT.
