Kerala High Court
Pkk Constructions vs State Of Kerala on 24 May, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 4123 OF 2024
PETITIONER:
PKK CONSTRUCTIONS
REPRESENTED BY ITS MANAGING PARTNER,
MUHAMMED FASIL, AGED 29 YEARS,
S/O., KAMMEDKUTTY,
T.C 25/1946,
USHUS, SREEMOOLAM ROAD,
THIRUVANANTHAPURAM,
PIN - 695001
BY ADVS.
K.I.SAGEER
MUHAMMED YASIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY
HARBOUR ENGINEERING DEPARTMENT,
KAMALESWARAM MANACAUD P.O,
THIRUVANANTHAPURAM,
PIN - 695009
2 CHIEF ENGINEER
HARBOUR ENGINEERING DEPARTMENT,
KAMALESWARAM MANACAUD P.O,
THIRUVANANTHAPURAM,
PIN - 695009
3 SUPERINTENDENT ENGINEER
HARBOUR ENGINEERING DEPARTMENT
CENTRAL CIRCLE, KACHERIPADY,
ERNAKULAM, PIN - 682018
*ADDL. R4 IS IMPLEADED
4 M/S. SOUTHERN DREDGING COMPANY PVT. LTD,
REPRESENTED BY ITS DIRECTOR
WP(C) NO. 4123 OF 2024
2
FLAT NO.905, PIONEER TOWERS,
MARINE DRIVE, KOCHI-682031,
REPRESENTED BY ITS DIRECTOR
BIJU NARAYANAN (PARTY IN PERSON)
*IS IMPLEADED AS ADDL.RESPONDENT NO.4 IN WP(C)
4123/2024 AS PER ORDER DATED 23.02.2024 IN I.A.2/2024
IN WP(C) 4123/2024.
SMT. VIDYA KURIAKOSE. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4123 OF 2024
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C). No.4123 of 2024
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Dated this the 24th day of May, 2024
JUDGMENT
The writ petition has been filed challenging Ext.P13 minutes of the
meeting, whereby the petitioner's tender has been rejected since the
petitioner has not satisfied the pre-qualification requirements as per
the tender. Ext.P3 is the notice inviting tender, which specifically says
that the bidders should have successfully completed at least one similar
work costing more than 40% of the estimated cost of work within the
last 5 years. Admittedly, the petitioner does not have this qualification.
The petitioner relies on Ext.P14 Government Order dated 18.01.2024,
wherein the pre-qualification criteria has been relaxed by stating that
the bidders should have successfully completed at least one similar
work costing more than 40% of the estimated cost of work put to
tender for Government/semi Government clients during the last 7
years, ending last day of the month previous to the month in which bid
applications are invited. The order further says that the relaxation will
be only for those works being tendered upto 31.12.2027. The claim is
based on the fact that though Ext.P3 is prior to the issuance of Ext.P14,
the tender was opened only after issuance of Ext.P14. It is hence
WP(C) NO. 4123 OF 2024
submitted that Ext.P14 should be made applicable to every tender
which is opened after Ext.P14 and not made applicable only to tenders
which are invited after Ext.P14.
I have considered the contentions. Ext.P14 can never be
retrospective. It is a relaxation given and has to be strictly adhered to.
When the notice inviting tenders specifically makes mention of the
qualification, the bidders should comply with that requirement. If the
tender is rejected for failure to comply with the said conditions, the
said rejection cannot be held to be illegal since it is very much in
accordance with the tender conditions. It is very rarely that this Court
interferes with the tender process and this is not a case where there is
any illegality writ large or any case of violation of fundamental rights
which requires interference by this Court. The decision taken in
Ext.P13 is in accordance with Ext.P3 and as Ext.P14 cannot be made
applicable to the tenders which have been called for as per Ext.P3.
No reliefs can be granted. The writ petition fails and is dismissed.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 4123 OF 2024
APPENDIX OF WP(C) 4123/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE CONTRACTORS REGISTRATION
CARD (FORM-111)
Exhibit P2 A TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 27.03.2023
Exhibit P3 A TRUE COPY OF THE TENDER NOTIFICATION DATED
03.11.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P 4 A TRUE COPY OF THE FEE DETAILS DATED
23.11.2023
Exhibit P5 A TRUE COPY OF THE LETTER DATED 21.11.2023
ISSUED BY THE CHARTERED ACCOUNTANTS OF THE
PETITIONERS FIRM
Exhibit P6 A TRUE COPY OF THE BANK CERTIFICATE DATED
22.11.2023 ISSUED BY THE FEDERAL BANK
Exhibit P7 A TRUE COPY OF THE PROGRAM CHART AS MANDATED
IN TENDER NOTIFICATION
Exhibit P8 A TRUE COPY OF THE EXPERIENCE CERTIFICATE
DATED 13.07.2018 ISSUED BY THE EXECUTIVE
ENGINEER, HARBOUR ENGINEERING DIVISION,
KANNUR
Exhibit P9 A TRUE COPY OF THE EXPERIENCE CERTIFICATE
DATED 14.02.2022 ISSUED BY THE
SUPERINTENDENT ENGINEER, PUBLIC WORKS
DEPARTMENT, KOZHIKODE
Exhibit P10 A TRUE COPY OF THE EXPERIENCE CERTIFICATE
DATED 17.04.2023 ISSUED BY THE PUBLIC WORKS
DEPARTMENT
Exhibit P 11 A TRUE COPY OF THE G.O.P NO.3/2017/PWD DATED
09.08.2017 OF THE PUBLIC WORKS DEPARTMENT
Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 03.01.2024
WP(C) NO. 4123 OF 2024
IN WRIT PETITION (CIVIL) NO.43460/2023 OF
THIS HON'BLE COURT
Exhibit P13 A TRUE COPY OF THE MINUTES OF THE MEETING
DATED 23.01.2024
Exhibit P14 A TRUE COPY OF THE G.O.(MS) NO.5/2024/PWD
DATED 18.01.2024 ISSUED BY THE PUBLIC WORKS
DEPARTMENT
Exhibit P15 A TRUE COPY OF THE LETTER DATED 23.01.2024
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
RESPONDENT'S EXHIBITS
Exhibit R3(a) A TRUE COPY OF THE G.O(P) NO. 3/2017/PWD
DATED 09/08/2017
Exhibit R3(b) TRUE COPY OF THE RELEVANT EXTRACTS OF THE
PWD MANUAL CLAUSE 2004, TENDER PROCEDURE
Exhibit R3(c) TRUE COPY OF THE NOTICE INVITING TENDER
(NIT) DATED 03/11/2023
Exhibit R3(d) TRUE COPY OF STANDARD BID DOCUMENT UNDER
CLAUSE 2 OF PART VI PRE QUALIFICATION
INFORMATION ( PAGE 95)
Exhibit R3 (e) TRUE COPY OF THE ORDER NO. HED/CEHED/EST-
TS/480/2023-5-1-1 DATED 27/10/2023 FOR
TECHNICAL SANCTION OF GENERAL- PMMSY
CHETTUVA FISHING HARBIUR- DRDGING OF BASIN
AND CHANNEL FROM CHETTUVA ESTUARY TO
CHETTUVA FISHING HARBOUR - GENERAL CIVIL
WORK ISSUED BY THE CHIEF ENGINEER, HARBOUR
ENGINEERING DEPARTMENT.
Exhibit R4(a) TRUE COPY OF THE AUTHORIZATION LETTER DATED
21.02.2024 ISSUED BY THE APPLICANT COMPANY
