Essjay Electrolinks (Private) Limited vs State Of Kerala
2024 Latest Caselaw 10612 Ker

Kerala High Court

Essjay Electrolinks (Private) Limited 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. 32058 OF 2017
PETITIONER/S:

          ESSJAY ELECTROLINKS (PRIVATE) LIMITED
          KALLINGAPARAMBIL, NOCHIMA, N.A.D.P.O., ALUVA, ERNAKULAM
          DISTRICT, REPRESENTED BY ITS DIRECTOR AND AUTHORISED
          SIGNATORY JAYAN K.S., SON OF SREEDHARAN K.K., AGED 57
          YEARS, KALLINGAPARAMBIL, NOCHIMA, N.A.D.P.O., ALUVA,
          ERNAKULAM DISTRICT.

          BY ADVS.
          SRI.JACOB SEBASTIAN
          SMT.ANU JACOB
          SRI.K.A.SIYAD
          SRI.K.V.WINSTON


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
          BUILDINGS, PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE
          COMPOUND, MUSEUM P.O., THIRUVANANTHAPURAM-695003.

          BY ADVS.
          GOVERNMENT PLEADER


OTHER PRESENT:

          SRI. BINOY DAVIS (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP (C) No.32058/2017                     -2-

                                  JUDGMENT

The petitioner submitted its bid pursuant to Ext.P1 notice inviting

tenders for 'construction of Court Complex Building at Perumbavoor -

Electrification, Lightening Protection, providing USS, DG set etc'. According

to the petitioner it was the lowest tender and which had been accepted as is

evident from Ext.P3. According to the petitioner it did not approach the

competent authority for execution of the agreement on account of the fact

that there were serious incongruities between the specification provided and

what was available at the site. On 29-07-2017 the 3 rd respondent issued Ext.P5

letter to the petitioner informing the petitioner that unless he executes the

agreement the tender will be treated as rejected. The petitioner replied to

Ext.P5 by Ext.P6 stating that he will not be in a position to execute an

agreement unless his doubts regarding the work are clarified and cleared.

Thereafter the competent authority issued Ext.P7 dated 20-09-2017 and

Ext.P8 dated 25-09-2017 proposing to award the work by inviting fresh

tenders. It is in such circumstances the petitioner has approached this court

seeking the following reliefs:-

"(i) Quash exhibits P7 and P8, issuing a writ in the nature of certiorari;

(ii) issue a writ in the nature of mandamus commanding the 3 respondent to execute the agreement with the petitioner for doing the work in pursuance of exhibit P1;"

Having regard to the contentions raised in this writ petition, I am of the

view that the petitioner has not made out any case for grant of relief sought

for in this writ petition. It is not even clear at this point of time whether the

reliefs sought for has become infructuous by passage of time. That apart it is

clear from the pleadings that the petitioner had been awarded the work and

had been called upon to execute the agreement. Having failed to do so the

petitioner cannot challenge the notice inviting tender for the same project and

such a direction that the work must be awarded to it. Writ petition fails and it

is accordingly dismissed.

Sd/-

GOPINATH P. JUDGE

AMG

APPENDIX OF WP(C) 32058/2017

PETITIONER EXHIBITS

EXHIBIT P1- A TRUE COPY OF THE RELEVANT PAGES OF TENDER SUBMITTED BY THE PETITIONER.

EXHIBIT P2- A TRUE COPY OF THE LETTER DATED JANUARY 19, 2017 SUBMITTED BY THE PETITIONER.

EXHIBIT P3- A TRUE COPY OF THE LETTER DATED JULY 15, 2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4- A TRUE COPY OF THE LETTER DATED JULY 21, 2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5- A TRUE COPY OF THE LETTER DATED JULY 29, 2017 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6- A TRUE COPY OF THE LETTER DATED AUGUST 7, 2017 SUBMITTED BY THE PETITIONER.

EXHIBIT P7- A TRUE COPY OF THE TENDER NOTICE DATED SEPTEMBER 20, 2017.

EXHIBIT P8- A TRUE COPY OF THE TENDER NOTICE DATED SEPTEMBER 25, 2017 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P9- A TRUE COPY OF THE PRINTOUT FROM THE E TENDERING SITE OF THE GOVERNMENT OF KERALA TAKEN ON SEPTEMBER 26, 2017.