IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30257 of 2008(B) ------------------------------------ PETITIONER : ---------------- THANKAMANI NANAPPAN, CHETYAKULATH PARUMALA P.O., THIRUVALLA (SECRETARY, TAGORE VANITHA SANGAM, PARUMALA). BY ADV. SRI.T.P.PRADEEP RESPONDENTS : ------------------- 1. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES (M&M) CORPORATION LTD, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. THE MANAGER, WAREHOUSE, KERALA STATE BEVERAGES (M&M) CORPORATION LTD, THIRUVALLA. 3. SYAMALA RANGANATH, PRESIDENT, THE THIRUVALLA VANITHA SERVICE CO-OPERATIVE SOCIETY LTD.NO.PT 83, CHUMATHRA P.O., THIRUVALLA. ADV. SRI.ELVIN PETER P.J., SC - R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).30257/2008 -------------------- Dated this the 21st day of October, 2008 JUDGMENT Petitioner responded to Ext.P2 tender notification issued by the KSBC inviting sealed tenders from Women's Welfare Organizations/Establishments/Societies for undertaking the work of sticking of adhesive holographic security labels on caps of liquor bottles on contract basis. It seems that the amount collected by the petitioner was lowest and the petitioner was therefore, expecting to be awarded the contract. Petitioner is aggrieved that the Corporation has now decided to notify fresh tenders. Learned counsel for the petitioner submits that since the rate quoted by the petitioner is lowest, there is no reason why the contract should not have been awarded to the petitioner. 2. On instructions, learned Standing Counsel Mr.Elvin Peter submits that fresh applications were W.P.(C).30257/2008 2 decided to be invited essentially because there was a revision of minimum wages that will have to be paid to the workers, brought about during the currency of the proceedings whereby the tenders were processed. Learned counsel for the petitioner submits that even if this be so, petitioner is willing to go ahead with the work subject to compliance with the conditions regarding payment of the revised minimum wages. That may be so. But the question is whether the Corporation is acting in an illegal manner in deciding to notify fresh tenders on account of any event which took place during the currency of the tender proceedings. I do not find any illegality in that regard. It is open to the Corporation, even otherwise to call for fresh tenders, if they are of the opinion that it would be better and suitable in the interests of the Corporation. Mr.Elvin Peter further submits on instructions, that it is open to the petitioner to submit a fresh offer and it will not be necessary to the petitioner to make further deposit by way of EMD for such offer. Submission is recorded. W.P.(C).30257/2008 3 3. In the circumstances, Corporation shall proceed in accordance with law and shall proceed to finalise the award of the contract, after giving an opportunity to the petitioner to submit a fresh tender or reiterate the same offer as the case may be, on the strength of the existing EMD already furnished by the petitioner. Writ petition is disposed of as above. V.GIRI, Judge mrcs