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Ansar A vs The Assistant Executive Engineer
2021 Latest Caselaw 23381 Ker

Citation : 2021 Latest Caselaw 23381 Ker
Judgement Date : 25 November, 2021

Kerala High Court
Ansar A vs The Assistant Executive Engineer on 25 November, 2021
         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
                           1943
                 WP(C) NO. 21908 OF 2021
PETITIONER/S:

         ANSAR A.
         AGED 42 YEARS
         ANSAR MANZIL, PAMPALIL, PERINAD P.O., KOLLAM
         DISTRICT, PIN - 691 601.
         BY ADV C.A.JOJO

RESPONDENTS:

    1    THE ASSISTANT EXECUTIVE ENGINEER
         PALLIMUKKU ELECTRICAL SUB DIVISION, THEKKEVILA
         POST, KOLLAM - 691 016.
    2    THE EXECUTIVE ENGINEER
         KOLLAM TOWN KSEB ELECTRICAL DIVISION, KOLLAM, PIN
         - 691 001.
    3    THE CHIEF ENGINEER ELECTRICAL INSPECTOR
         OFFICE OF THE CHIEF ELECTRICAL INSPECTORATE,
         HOUSING BOARD BUILDING, SHANTHI NAGAR,
         THIRUVANANTHAPURAM, PIN - 695 001.
    4    THE SECRETARY
         KSEB LTD., VYDHYUDHA BHAVAN, PATTAM,
         THIRUVANANTHAPURAM - 695 004.
    5    K.G.BIJU
         NABHAS, CHITTAYAM, PANAYAM P.O., PERINAD, KOLLAM,
         PIN - 691 601.
    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.21908/2021
                                 :2 :




            Dated this the 25th day of November, 2021

                         JUDGMENT

~~~~~~~~~

The petitioner has filed this writ petition seeking to restrain

the 1st respondent from awarding Ext.P4 work to the 5 th respondent

in violation of Exts.P2 and P3 Government Orders. The petitioner

has also sought for a direction to the 1 st respondent to award

Ext.P4 contract work to the licenced and experienced contractors

like the petitioner who has placed bid for a lower price.

2. When the writ petition came up for hearing today, the

learned Standing Counsel representing the respondents submitted

that when all the bids were scrutinized it was found that there is

only one valid tender and as there is only a single tender, the

respondents have decided to re-tender the work.

3. In such circumstances, this Court finds that no further

orders are needed in this writ petition. W.P.(C) No.21908/2021

Accordingly, the writ petition is disposed of permitting the

respondents to re-tender the work. The petitioner will also be at

liberty to submit his bid in the re-tender.

Sd/-

N. NAGARESH, JUDGE

al/-.

W.P.(C) No.21908/2021

APPENDIX OF WP(C) 21908/2021

PETITIONER EXHIBITS

DATED 03/08/2019 ISSUED BY THE KERALA STATE ELECTRICITY LICENSING BOARD TO THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE ORDER G.O.(RT) NO.231/2016/POWER DATED THIRUVANANTHAPURAM 24/11/2016, ISSUED BY ADDL. CHIEF SECRETARY TO GOVERNMENT. Exhibit P3 A TRUE COPY OF THE ORDER NO.B.O.(FTD) NO.3446/2016 (D(D&S/D1/SAFETY/2016- 17/00001) DATED 07/12/2016 ISSUED BY SECRETARY KSEB (ADMINISTRATION). Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE TENDER NOTICE NO.KSEB/4225/1/21- 22/DATED 18/09/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF THE BID DOCUMENT SUBMITTED BY THE PETITIONER DATED 28/09/2021.

Exhibit P6 A TRUE COPY OF THE GENERAL CONDITIONS OF THE CONTRACT DATED NIL.

Exhibit P7 A TRUE COPY OF THE INFORMATION ISSUED BY THE 2ND RESPONDENT DATED 29/07/2021.

 
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