Basheer P.A vs State Of Kerala
2023 Latest Caselaw 5068 Ker

W.P.(C). No.13723 of 2023              1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
      THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                            WP(C) NO. 13723 OF 2023
PETITIONER:

               BASHEER P.A
               AGED 70 YEARS
               S/O ASSANARUKUNJU, CHIRAKADAYIL, EDAKULANGARA P.O,
               KARUNAGAPALLY,KOLLAM DISTRICT, PIN - 690523
               BY ADV THOUFEEK AHAMED


RESPONDENTS:

      1        STATE OF KERALA
               SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
               695001
      2        SUPERINTENDING ENGINEER,
               PUBLIC WORKS DEPARTMENT, (BUILDINGS DIVISION), SOUTH
               CIRCLE VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -
               695033



               BY SENIOR GOVERNMENT PLEADER - SMT. DEEPA NARAYANAN


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.13723 of 2023                 2




                                    JUDGMENT

Dated this the 14th day of April, 2023

Petitioner was awarded with a contract by the State Public Works

Department, evident from Exhibit P4 letter of acceptance issued by the

Superintending Engineer, viz., the 2nd respondent. Grievance of the petitioner is

that by virtue of a Government Order dated 15.3.2022, the petitioner is entitled

for relaxed conditions for furnishing performance guarantee i.e., the security is to

be provided only at 3% of the probable amount of contract. It is admitted by the

petitioner that the petitioner has received the letter of acceptance on 4.4.2023.

2. The contention put forth by the petitioner is that when proceedings took

place during March and till 31.3.2023 the benefits of the Government Order

dated 15.3.2022 was available and therefore, the petitioner is liable to provide

only 3% of the performance guarantee. Anyhow, I am not expressing any

opinion with respect to the contention advanced by the petitioner since learned

counsel for petitioner submitted that it would suffice, if a direction is issued to

the Superintending Engineer, to finalise Exhibit P5 representation submitted by

the petitioner dated 10.4.2023.

Accordingly, after hearing learned counsel for petitioner - Sri.Thoufeek

Ahamed, and learned Senior Government Pleader Smt.Deepa Narayanan, the

writ petition is disposed of, directing the 2 nd respondent to finalise Exhibit P5

representation, at the earliest, at any rate, within two weeks from the date of

receipt of a copy of this judgment. I make it clear that the directions made above

shall not be construed as an expression of opinion of the merits of the matter or

the interest put forth by the petitioner.

Sd/-

                                                  SHAJI P.CHALY

 smv                                                  JUDGE





PETITIONER'S EXHIBITS
EXHIBIT P1            TRUE COPY OF THE TENDER DETAILS AS PER THE E
                      TENDERING SYSTEM
EXHIBIT P2            TRUE COPY OF THE GOVERNMENT ORDER NO G.O.(P)
                      NO7/2021/FIN DATED 7/1/2021
EXHIBIT P3            TRUE COPY OF THE LETTER OF ACCEPTANCE OF E-

TENDER NO PWD/BLDG/TR/6936/2022_23_2_1/1 DATED 10/11/2022 EXHIBIT P4 TRUE COPY OF LETTER OF ACCEPTANCE OF E-TENDER NO PWD/BLDG/TR/4064/2022_23_2_1/1 DATED 21/3/2023 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 10/4/2023 SEND BY THE PETITIONER TO THE 2ND RESPONDENT