IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 71 of 2011(H) ----------------------- PETITIONER(S): ---------------------- R.GOPINATHA KURUP, ANJALI, VADAKOTTUKAVU, NEDUMPARAMBU.P.O., VIA ALAMKODE, THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): ------------------------ 1. THE TRAVANCORE CEMENTS LTD., REPRESENTED BY ITS SECNIOR MANAGER(MARKETING), NATTAKOM KOTTAYAM-686013. 2. THE MANAGING DIRECTOR, THE TRAVANCORE CEMENTS LTD., NATTAKOM, KOTTAYAM-686013. SRI.P.K.VIJAYAMOHANAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 71 OF 2011 ===================== Dated this the 4th day of January, 2011 J U D G M E N T Petitioner was the successful tenderer in the tender invited by the 1st respondent for the sale of construction grade sand dredged out from Akkulam Lake in Thiruvananthapuram. In terms of the tender conditions, petitioner ought to have remitted the tender amount within 7 days, which he did not do. On the other hand, he requested for relaxation of the payment terms. That was considered, and by Ext.P4, the respondents agreed that the petitioner can remove the sand within 20 working days. Now the petitioner has approached this Court praying that he be permitted to remit the amount in four instalments. 2. I heard the standing counsel appearing for the respondents, who opposes the prayer. 3. Admittedly, the issue is contractual, and the parties are bound by the terms thereof. Therefore, unless the respondents agrees, this Court will not be justified in diluting the tender conditions or granting any instalment facility. Therefore, I am not WPC No. 71/11 :2 : persuaded to grant the reliefs sought for. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp