Government Electrical Contractors' ... vs State Of Kerala
2024 Latest Caselaw 10551 Ker

Kerala High Court

Government Electrical Contractors' ... vs State Of Kerala on 11 April, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 29734 OF 2017
PETITIONER/S:

          GOVERNMENT ELECTRICAL CONTRACTORS' ASSOCIATION
          TC 24/1891 (1), D.P.I. JUNCTION, THYCAUD PO,
          THIRUVANANTHAPURAM; REPREENTED BY ITS GENERAL SECRETARY
          S. RADHA KUMAR, SON OF SUKUMARAN NAIR, AGED 52 YEARS.

          BY ADV SRI.JACOB SEBASTIAN



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS
          DEPARTMENT, PUBLIC OFFICE COMPOUND, MUSEUM P.O,
          THIRUVANANTHAPURAM-695003.

    2     THE CHIEF ENGINEER
          BUILDINGS, PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE
          COMPOUND, MUSEUM P.O, THIRUVANANTHAPURAM-695003.

    3     THE CHIEF ELECTRICAL ENGINEER
          PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPOUND, MUSEUM
          P.O, THIRUVANANTHAPURAM-695003.

    4     THE EXECUTIVE ENGINEER
          PUBLIC WORKS DEPARTMENT, ELECTRICAL DIVISION,
          CHEMBUKKAVU, THRISSUR-680020.

          SRI. BINOY DAVIS, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.29734/2017                    -2-

                               JUDGMENT

This writ petition has been filed by the Government Electrical

Contractors' Association challenging certain terms in Ext.P2 notice inviting

tenders. It is clear from the recent judgment of the Supreme Court in

Airport Authority of India v. Centre for Aviation Policy, Safety &

Research and others; AIR 2022 SC 4749 that, terms of invitation to

tender are not open to judicial scrutiny under Article 226 of the Constitution

of India. The same view appears to have been taken by the Supreme Court in

Michigan Rubber (India) Ltd. v. State of Karnataka and others;

AIR 2012 SC 2915. This court in State of Kerala and another v. Anoop

Kumar 2005 (3) KLT 904, Kerala Feeds Limited, Thrissur v.

Parumala Transport, Thrissur and another; 2017 KHC 2245 and

PGCCPL & ARYACON Consortium v. Kerala State Electricity

Board Ltd.; 2023 (3) KHC 499 has also taken the same view. Writ petition

fails and it is accordingly dismissed.

Sd/-

GOPINATH P. JUDGE

AMG

APPENDIX OF WP(C) 29734/2017

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF GOVERNMENT ORDER DATED 1PRIL 17, 2013 ISSUED IN THIS REGARD.

EXHIBIT P2 A TRUE COPY OF THE NOTICE INVITING TENDER.

EXHIBIT P3 THE BILL OF QUANTITIES (BO1) APPENDED TO EXHIBIT P1.

EXHIBIT P4 A TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.