IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4854 of 2011(F) -------------------------------------- PETITIONER(S): ----------------------- M/S A.P. VARGHESE & SONS, ENGINEERING & TRANSPORTING CONTRACTORS, ANTHIKAD HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O., KOCHI 683 501, REPRESENTED BY ITS MANAGING PARTNER SRI. ANTONY VARGHESE S/O. A.P. VARGHESE. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): -------------------------- 1. THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD, ( A GOVERNMENT OF INDIA ENTERPRISE), REGISTERED OFFICE AT ELOOR, UDYOGAMANDAL, COCHIN 683 501, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. THE GENERAL MANAGER, THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD, COCHIN DIVISION, AMBALAMEDU,KOCHI-682 303. 3. THE DY.CHIEF MANAGER, (MATERIALS) TS, THE FERTILIZERS & CHEMICALS TRAVANCORE LTD, CORPORATE MATERIALS, PD ADMINISTRATION BUILDING, UDYOGAMANDAL, COCHIN 683 501. 4. THE CHIEF SUPERINTENDENT OF PRODUCTION FACT, COCHIN DIVISION AMBLALMEDU, KOCHI-682 303. 5. P. SHANMUGHANATHAN, FORMERLY SENIOR REGIONAL MANAGER, GYPSUM SALES AND NOW TRANSFERRED TO FEDO (FACT ENGINEERING DESIGNING ORGANISATION) OFFICE. FACT, UDYOGAMANDAL, COCHIN- 683 50. R1 TO R4 BY SRI. E.K. NANDAKUMAR( SENIOR ADVOCATE), SC FOR FACT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.4854 of 2011 -------------------------- Dated this the 16th February, 2011 J U D G M E N T Petitioner has participated in the tender floated by the respondents as per Ext.P18 and satisfied the necessary EMD as borne by Ext.P19. 2. Learned counsel appearing for the petitioner submits that petitioner is constrained to approach this Court because the apprehension that the petitioner will not be given a fair opportunity to bid in a tender because of the possible extraneous considerations at the instance of respondents 4 and 5 and hence sought for a direction. 3. Learned counsel also submits that the pre- qualification - technical-cum-commercial bid was opened on 3.2.2011 and that the matter has been forwarded to the 4th respondent for finalisation with regard to the technical bid. The apprehension of the petitioner is sought to be justified with reference to the sequence of events as narrated in the writ petition and also with reference to the various documents produced including Ext.P5 judgment passed by this Court. It is in the above circumstances that W.P (C) No. 4854 of 2011 2 the petitioner has preferred Ext.P20 objection against the scrutiny of the tender documents by the concerned officer seeking for appropriate reliefs which is sought to be considered and disposed of. 4. I heard the learned standing counsel appearing for respondents 1 to 4 as well. 5. Considering the nature of the reliefs sought for in this writ petition, this Court does not find it necessary to issue any notice to the 5th respondent for the time being. 6. After hearing both sides, the first respondent is directed to consider and pass final orders on Ext.P20, as expeditiously as possible, at any rate, within ten days from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- P.R.RAMACHANCDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 4854 of 2011 3