Sunilal S vs State Of Kerala
2021 Latest Caselaw 7307 Ker

WP(C).No.4789 OF 2021(W)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.4789 OF 2021(W)


PETITIONER/S:

                SUNILAL S.
                AGED 45 YEARS
                S/O. SURENDRAN, PARAYAMVILAKATH HOUSE, MEENMUTTY
                P.O, PALUVALLY, THIRUVANANTHAPURAM 695 562

                BY ADVS.
                SRI.J.JULIAN XAVIER
                SRI.FIROZ K.ROBIN
                SRI.ROY JOSEPH
                SMT.ANIES MATHEW
                SRI.E.HARIDAS
                SRI.PIOUS MATHEW

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY, PUBLIC WORKS (H)
                DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

      2         THE SUPERINTENDING ENGINEER,
                KILA-KIIFB (KERALA INFRASTRUCTURE LOCAL
                ADMINISTRATION-KERALA INFRASTUTURE INVESTMENT FUND
                BOARD) 2ND FLOOR, FELICITY SQUARE M.G ROAD, STATUE
                THIRUVANANTHAPURAM PIN 695 001

      3         THE CHIEF MANAGER,
                OFFICE OF THE CHIEF MANAGER, KILA-KIIFB, PMU, KILA
                REGIONAL CENTRE, KUMARAPURAM P.O,
                THIRUVANANTHAPURAM PIN 695 011


OTHER PRESENT:

                SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4789 OF 2021(W)
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                             JUDGMENT

Dated this the 2nd day of March 2021

Pursuant to Ext.P1 notice inviting tender, the petitioner has

submitted his bid. It is stated that certain defects were pointed out

and the petitioner cured some of the defects on 16.02.2021.

According to the petitioner, he was the L1.

On account of the defects on submission of the bid, the work is

awarded to L2. The petitioner therefore submitted Ext.P8

representation before the 2nd respondent. According to the petitioner,

defects were minor which can be allowed to be cured. (Whether the

defects are minor or not is to be decided by the 2nd respondent.)

Therefore, the writ petition is disposed of directing the 2 nd

respondent to consider Ext.P8 representation and to take a decision on

the same within a period of one week.

Sd/-

                                                P.V.ASHA

RPS                                                  JUDGE
 WP(C).No.4789 OF 2021(W)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF RELEVANT PAGES OF NOTICE

INVITING TENDER UNDER THE KERALA INSTITUTE OF LOCAL ADMINISTRATION, AN AUTONOMOUS BODY CONSTITUTED BY GOVERNMENT OF KERALA DATED 25-1-2021

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE ITEM RATE BOQ SUBMITTED BY THE PEITITIONER

EXHIBIT P3 TRUE COPY OF THE ENCRYPTED WHATSAPP MESSAGE SEND BY THE PETITIONER ON 16-02-2021 TO THE OFFICE OF THE 3RD RESPONDENT

EXHIBIT P4 TRUE COPY OF THE PRELIMINARY AGREEMENT SEND THROUGH E-MAIL BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF GO(MS) NO. 60/2020/PWD DATED 4-08-2020

EXHIBIT P6 TRUE COPY OF THE UNDERTAKING SUBMITTED BY THE PETITIOENR ALONG WITH TENDER

EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF THE DECISION TAKEN BY THE 1ST RESPONDENT ON 16- 02-2021 DOWNLOADED FROM THE WEBSITE OF THE 3RD RESPONDENT

EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 21-02-

2021 SUBMITTED BY THE PETITIONER THROUGH E- MAIL BEFORE THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF PWD MANUAL REVISED EDITION 2012