Kerala High Court
V.M.Asharaf vs State Of Kerala on 14 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Thursday, the 14th day of November 2024 / 23rd Karthika, 1946
WA NO. 1811 OF 2024
AGAINST JUDGMENT DATED 28.10.2024 IN WP(C) 8273/2024 OF THIS COURT
APPELLANT(S)/PETITIONER
V.M.ASHARAF, AGED 62 YEARS, S/O. MAMMU, VALIYAPEEDIYAKKAL HOUSE,
MUTHUKURUSSI P.O, PALAKKAD DISTRICT, PIN - 678593
BY.ADVS.M/S.JACOB SEBASTIAN, ANU JACOB AND WINSTON K.V.
RESPONDENT(S)/RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF IRRIGATION, GOVERNMENT SECRETARIAT, SECRETARIAT P.O,
THIRUVANANTHAPURAM, PIN - 695001
2. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,
MECHANICAL CIRCLE (IRRIGATION), KAKKANAD P.O, ERNAKULAM DISTRICT,
PIN - 682030
3. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, MECHANICAL
DIVISION, IRRIGATION, MALAMPUZHA P.O, PALAKKAD DISTRICT, PIN -
678651
4. AKHIL MANDHANA, PLOT NO.30, OLD BAGADGANJ, NEAR PNPS SCHOOL, NAGPUR,
([email protected]), PIN - 440008
BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW FOR R1 TO R3
ADV.O.A.NURIYA FOR R4.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass interim order an interim order restraining the second respondent
from awarding the work notified by Exhibit-P1 to any of the bidders except
the petitioner pending disposal of the Writ Appeal.
This Writ appeal coming on for orders on 14/11/2024 upon perusing
the appeal memorandum the court on the same day passed the following:
EXHIBIT P1:A TRUE COPY OF THE NOTICE INVITING TENDERS FOR THE WORK
DATED 23.01.2024
Nitin Jamdar, C.J. & S. Manu, J.
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WA.No.1811 of 2024
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Dated this the 14th day of November, 2024
ORDER
Nitin Jamdar, C.J.
Heard Mr.Jacob Sebastian, learned counsel appearing for the
Appellant, Mr.Sujith Mathew, learned Special Government Pleader and
Ms.O.A.Nuriya, learned counsel appearing for Respondent No.4.
2. According to the Appellant-Original Petitioner, Respondent No.4,
the successful tenderer does not possess the requisite parameters to be
recognized as category 'A' Civil Contractor. The tender in question has
classified the bidder as Civil 'A'. The tender does not define what Civil 'A'
bidder would be, which is defined and stipulated under the PWD
manual. According to the Petitioner, those Contractors who are to be
registered in State of Kerala as category 'A' civil contractor should have
carried out atleast 3 works each costing more than ₹ 5 crores under the
Central and State Government Departments in the last five years on the
date of application.
3. Both counsel for Respondent No.4 and the learned Special
Government Pleader have not been able to show as to how and in what
manner Respondent No.4 has carried out 3 works each for more than ₹ 5
crores. This is apart from the contention of the Petitioner that the work of
25 crores stated to be carried out by Respondent No. 4 is being a part of
consortium.
4. The learned Special Government Pleader sought to contend that
for those contractors who are registered outside the State wherein
categorization has been abolished, only their eligibility and technical
expertise would be considered. However such a stand will result in
anomalous situation, where those civil contractors seeking category 'A'
civil registration in the State has to complete 3 works each costing ₹ 5
crores in last five years with no such stipulation for the contractors
registered in other states. Therefore, this argument advanced on behalf of
the State will have repercussion beyond the present case.
5. The learned Special Government Pleader will accordingly take
instructions and file an affidavit on this aspect whether the Contractors
who are permitted to submit their bid in a tender which stipulates their
eligibility as Civil 'A' category from outside the state need not confirm the
same standards which category 'A' civil contractors registered in State of
Kerala has to follow. Let the affidavit be filed within a period of two
weeks.
6. We direct that till the next date of posting, work orders be not
issued to Respondent No.4. We are aware that the work is of public
nature, however since the stand of the State as above would have wider
repercussion, we have passed a restraint order.
7. Post on 21 November 2024.
sd/-
Nitin Jamdar
Chief Justice
sd/-
S. Manu
Judge
Nsd
14-11-2024 /True Copy/ Assistant Registrar
