IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 13884 of 2008(C) -------------------------- PETITIONER: ------------ M.N.DEVADAS, CONTRACTOR, SHYAM NIVAS, PERUNNA EAST P.O., CHANGANACHERRY. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------- 1. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT (SOUTH CIRCLE), THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ALAPPUZHA. BY GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.13884 of 2008 ================== Dated this the 3rd day of June, 2008 J U D G M E N T The petitioner is a contractor. According to him, an amount of Rs.7,70,892/- is due from the respondents for the contract work executed by him as evidenced by Ext.P3. Now the 1st respondent has invited tenders for various works as per Exts.P4 and P5 notices. The petitioner aspires to take part in the tender proceedings for 15 works. For taking part in the tender proceedings the petitioner has to pay EMD amounting to Rs.7,50,000/-. According to the petitioner, since more amount than the amount required for EMD is outstanding in his credit, the petitioner is entitled to get that amount adjusted against the EMD. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “'i. Issue a writ of mandamus or any other appropriate writ or direction to the 1st respondent to permit the petitioner to take part in the tenders called for as per Exhibit P4 and P5 notices without furnishing EMD and direct the respondents to adjust the EMD amount from the amount due to the petitioner as certified by Exhibit P3 letter.” 2. By the interim order dated 2.5.2008 this court passed w.p.c.13884/08 2 the following order: “There will be a direction to the first respondent to consider the tender submitted by the petitioner pursuant to Exts.P4 and P5 without insisting for an earnest money deposit, on a provisional basis. If the petitioner's tender is otherwise eligible to be accepted, then it shall be done only after getting orders from this court. But is made clear that the order shall not stand in the way of tenders submitted by any other person being processed and if the first respondent finds that the tender by any other person is eligible to be accepted, it can be done and this order shall not stand in the way of that. The direction to consider the petitioner's tender will be subject to further orders to be passed in this writ petition.” 3. It is not disputed now before me that an amount Rs.7,70,892/- is due to the petitioner from the respondents. That being so, it is only just and proper that the said amount shall be adjusted against the EMD required for the tenders submitted by the petitioner. Therefore, if the amount payable to the petitioner is sufficient to set off the EMD payable by the petitioner, the same shall be so adjusted. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.13884/08 3