K.O.George vs The Assistant Executive Engineer
2022 Latest Caselaw 811 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                        WP(C) NO. 912 OF 2022
PETITIONERS:

    1     K.O.GEORGE,
          AGED 63 YEARS,
          PROPRIETOR M/S. G.K ENTERPRISES,
          SREEMOLANAGARAM, P.O. ALUVA,
          ERNAKULAM DISTRICT.

    2     SIVADASAN.T.N.,
          PROPRIETOR M/S. LAKSHMI ELECTRICALS,
          MUPPATHADAM P.O., ERNAKULAM DISTRICT.

    3     VU MOHAMEDALI,
          PROPRIETOR VEZHAPPILLY ENGINEERING INDUSTRIES,
          EAST VELIYATHUNADU, UC COLLEGE P.O.,
          ERNAKULAM DISTRICT-683 102.

    4     AL BABY,
          PROPRIETOR M/S IDEAL ELECTRICALS &
          ALLIED ENGINEERING INDUSTRIES,
          TOWN HALL ROAD, ALUVA

    5     K.B.RADHAKRISHNAN,
          PROPRIETOR, M/S. KAMALA ELECTRICALS,
          PONNURUNNI, VYTILA-682 019.

    6     P.C. JOSE,
          PROPRIETOR JOS ELECTRICALS,
          PULIYANAM, ANGAMALI, ERNAKULAM DISTRICT.

    7     V.T.JOSE,
          PROPRIETOR M/S THOMS ELECTRICALS,
          KALADI-MALAYATOOR ROAD,
          ERNAKULAM DISTRICT.

          BY ADV. G.HARIHARAN
          PRAVEEN HARIHARAN
          SMITHA PRAVEEN
          SHANIBA TT
          VIPINDAS MV
          SISIRA M SHIRINE
 WP(C).No.912/2022

                                  2


RESPONDENTS:

    1     THE ASSISTANT EXECUTIVE ENGINEER,
          ELECTRICAL DIVISION (IRRIGATION),
          SUB DIVISION, ALUVA-683 101

    2     STATE OF KERALA,
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
          IRRIGATION DEPARTMENT,
          ROOM NO.357(A) & 358 MAIN BLOCK,
          SECRETARIAT,
          THIRUVANANTHAPURAM.

    3     EDWARD PJ,
          M/S PEEJEES, ELECTRICALS,
          PANAKKAL HOUSE,
          SOUTH CHITTOOR P.O.,
          KOCHI-682 027.

    4     AR SIVASHANKARAN,
          ARRACKAL HOUSE,
          VAZHAPETTI P.O.,
          KOTHAMANGALAM-686 691

          SRI.APPU P.S., GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.912/2022

                                   3




                            JUDGMENT

Dated this the 17th day of January, 2022

The petitioners are contractors, who are empanelled

with the Irrigation Sub Division, Aluva for the last several years.

Exts.P1 and P2 tender notifications were called by the

respondents for 35 items of work. Exts.P1 and P2 are the tender

notifications published on 03.01.2022 and 06.01.2022. The

respondents gave time up to 12.01.2022 and 13.01.2022

respectively for submission of the tenders.

2. The petitioners approached this Court stating that the

time granted for submission of tenders is insufficient and the

respondents are bound to give more time for submitting the

tenders.

3. When this writ petition came up for admission on

11.01.2022, this Court passed an interim order to the effect that if

the petitioners submit tenders in response to Exts.P1 and P2 by WP(C).No.912/2022

hand, to the 1st respondent, the said tenders of the petitioners will

also be accepted and processed, provided the tenders are

handed over before the stipulate time.

4. In order to ascertain the number of bidders participated

in response to Exts.P1 and P2, this Court passed an order on

13.01.2022, granting liberty to the respondents to open the

tenders and not to finalise the selection.

5. When this writ petition came up for hearing today, the

learned Government Pleader submitted that out of the 35 items

works tendered as per Exts.P1 and P2, only 12 quotations were

received in respect of 6 items of work. No quotations have been

received in respect of other works. Therefore, the respondents

propose to re-tender 29 items of work.

6. In view of the decision now taken by the respondents

to re-tender 29 items of works, the grievance of the petitioners is

substantially redressed. The learned counsel for the petitioners,

however, submitted that the six items of works for which 12

tenders have been received may also be directed to be WP(C).No.912/2022

re-tendered.

7. Heard the learned counsel for the petitioners and the

learned Government Pleader.

8. The last date for submission of tenders in respect of

these works, was 12.01.2022. This Court passed an interim

order permitting the petitioners to personally handover their

quotations before respondents within the stipulated time. Inspite

of the interim order, the petitioners could not submit their tenders.

9. In view of the above, this Court is of the view that no

interference need to be made in respect of the 6 items of works

for which 12 tenders have been received.

Accordingly, the writ petition is disposed of recording

the statement of the Government Pleader that 29 works in respect

of which no tenders have been received, will be re-tendered. The

petitioners will be at liberty to participate in the re-tender, in

accordance with law.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.912/2022

APPENDIX OF WP(C) 912/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTE INVITING TENDER NO.9/TENDER-ELE/21-22 DATED 03.01.2022 Exhibit P2 TRUE COPY OF THE NOTICE INVITING TENDER NO.10/TENDER-ELE/21-22 DATED 06.01.2022 Exhibit P3 TRUE COPY PROCEEDINGS DATED 18.01.2021 ISSUED BY THE 1ST RESPONDENT EVIDENCING GRANTING OF AMC CONTRACT TO THE 1ST PETITIONER Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 28.12.2020 ISSUED BY THE 1ST RESPONDENT EVIDENCING GRANT OF AMC TO THE 5TH PETITIONER Exhibit P5 TRUE COPY OF THE SCREENSHOT OF THE WEBSITE AS ON 10.01.2022 IN THE URL HTTPS://WWW.IRRIGATION.KERALA.GOVN.IN/