IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 28765 of 2008(Y) -------------------------- PETITIONER(S): ] ---------------- M.A. HABEEBULLAH, BISMILLA MANZIL, BAKKALAM P.O., KANUL, KANNUR DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, P.W.D. (R&B), THIRUVANANTHAPURAM 3. THE SUPERINTENDING ENGINEER, PWD (R& B)NORTH CIRCLE KOZHIKODE. GOVERNMENT PLEADER FOR R1 TO 3 SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON 23/01/2009 DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.28765 OF 2008 ------------------------ Dated this the 23rd day of January, 2009. JUDGMENT Petitioner herein claims to be a 'A' class Contractor and Ext.P1 licence is referred to in this regard. Relying on Exts.P2 and P3, he claims to be an experienced contractor having executed huge projects. It is stated that the 3rd respondent invited tenders for the work concerning Cherukunnath-Keezhoor-Vellakalkadavu Road in Thaliparambu in Assembly Consultancy and the total value of which was fixed at Rs.225 lakhs. It is stated that in Ext.P4 tender notice, it was provided that the applicant must have undertaken similar work for 40% of the tender amount. According to him on the ground that the petitioner did not satisfy this condition, to be pre-qualified, the tender document was declined to be issued to him. Petitioner states that in view of Ext.P3 certificate, he WP(c).No.28765/08 2 satisfied this condition for re-qualification and also contends that in view of Ext.P5 Government Order dated 9.6.1999, there could not have been any pre-qualification for works, the value of which is less than Rs.500 lakhs. It is on these two grounds petitioner seeks to quash the pre-qualification condition referred to above in Ext.P4 and to direct the respondents to follow open tender system and to issue tender forms to him. 2. The 3rd respondent has filed a counter affidavit. According to the 3rd respondent, when the cost of a work is Rs.100 lakhs or more, tender for execution of works shall be invited from A-class contractors, pre-qualified according to the procedure laid down in the Chief Engineer's Circular No.CE/A2/TC/92 dated 22.7.99, a copy of which is Ext.R3(a). It is stated that Ext.P5 relied on by the petitioner, does not apply to the Public Works Department, which is governed by the Circular referred to above. It is also the contention of the respondents that the petitioner did not produce the necessary certificates along with the request for tender document. It is WP(c).No.28765/08 3 on that ground, respondents contend that Ext.P3 certificate, was not made available to them to have assess the petitioners eligibility to be pre-qualified. 3. From the contentions raised in the counter affidavit, it is evident that Ext.P5 Government Order is inapplicable to Public Works Department and even otherwise the petitioner did not apply for tender documents presenting Ext.P3 or other certificates, certifying his eligibility. First of all, petitioner has no document what so ever to substantiate his plea of having applied for tender documents. If that be so, in a proceedings of this nature, this court will not be in a position to resolve such a factual controversy. Even otherwise, on the face of it Ext.P6 Government Order issued by the Irrigation Department, cannot apply to the Public Works Department which is govered by Ext.R3(a) circular of the Chief Engineer. In such case, the petitioner's contention that for works worth less than 500 lakhs, there must be only open tender, without any pre-qualification, also cannot be WP(c).No.28765/08 4 accepted. 4. For these reasons, I am not persuaded to accept the case of the petitioner and find fault with either the tender notice or any of the action of the respondents. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.28765/08 5