IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 33934 of 2006(M) ------------------------------------- PETITIONER: ------------------ M/S.CHARANGAT ENGINEERING CONSTRUCTION COMPANY (P) LTD. ENGINEERS & CONTACTORS, KANICHIKULANGARA P.O., CHERTHALA, ALAPPUZHA- 688544, REP.BY ITS MANAGING DIRECTOR, C.K.SASANKAN, CHARANGAT, KANICHUKULANGARA P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.K.BABU THOMAS RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REP.BY THE GENERAL MANAGER, SOUTHERN RAILWAY, SOUTHERN RAILWAY HEAD QUARTERS, CHENNAI- 600 003. 2. THE CHIEF ENGINEER, (CONSTRUCTION), SOUTHERN RAILWAY, THYCAUD P.O., TRIVANDRUM -14. BY ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS FOR R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 33934/2006 APPENDIX PETITIONER'S EXHIBITS Ext.P1 : COPY OF THE TENDER NOTICE Ext.P2 : COPY OF THE COVERING LETTER Ext.P3 : COPY OF THE CERTIFICATE ISSUED FOR BRIDGE COSTING RS.110 LACS Ext.P3(a) : COPY OF THE EXPERIENCE CERTIFICATE FOR BRIDGE COSTING 160.73 LACKS Ext.P3(b) : COPY OF THE EXPERIENCE CERTIFICATE FOR BRIDGE COSTING 222.93 LACS Ext.P3(c) : COPY OF THE EXPERIENCE CERTIFICATE FOR BRIDGE COSTING 12.53 LACS Ext.P3(d) : COPY OF THE SOLVENCY CERTIFICATE Ext.P3(e) : COPY OF THE AUDITED BALANCE SHEETS Ext.P4 : COPY OF THE LETTER OF THE PETITIONER NOTIFYING DEFAULTS Ext.P4(a) : COPY OF THE LETTER OF THE PETITIONER NOTIFYING DEFAULTS Ext.P4(b) : COPY OF THE LETTER OF THE PETITIONER NOTIFYING DEFAULTS Ext.P5 : COPY OF THE MINUTES OF THE TENDER COMMITTEE Ext.P5(a) : COPY OF THE MINUTES OF THE TENDER COMMITTEE RESPONDENT'S EXHIBITS: Ext.R-1 : COPY OF PREFORMANCE REPORT SUBMITTED BY THE PETITIONER Ext.R-2 : COPY OF LETTER DATED C356/IV/9/2006/LAW DATED 29.11.2006 Ext.R-3 : COPY OF THE MINUTES OF THE TENDER COMMITTEE MEETING HELD ON 19.12.2006 Ext.R-3(a) : COPY OF MINUTES OF THE TENDER COMMITTEE MEETING HELD ON 19.12.2006 // True Copy // PA to Judge. pm C. T.RAVIKUMAR, J ------------------------------------ W.P (C) NO. 33934 OF 2006 ---------------------------------------- Dated this the 15th day of September, 2009. J U D G M E N T The petitioner is a company incorporated under the Companies Act, 1956 with the object of carrying out Civil Engineering works. The above Writ Petition has been filed mainly with the prayer to command the respondents to award the contract for items 2 and 8 of the works in Ext.P1 to the petitioner as it being the lowest bidder. However, in view of the subsequent developments I do not think that the petitioner can pursue the matter successfully without amending the writ petition. Ext.R3 dated 26.12.2006 would reveal that the tender committee at its meeting held on 19.12.2006 recommended for discharging the tender and subsequently, on 20.2.2007 as per Ext.R4 it was re-tendered. However, the same was also later discharged. Re-tendering and discharging had again taken place. Finally, it was re-tendered on 20.11.2007 and consequently the work was awarded to the successful bidder, WP(C) 33934/2006 2 on 18.2.2008. In view of the aforesaid subsequent developments the petitioner cannot successfully pursue this Writ Petition. The contentions available to both the sides are therefore, left open. In these circumstances, subject to the above this Writ Petition is dismissed. C.T.RAVIKUMAR, JUDGE. pm WP(C) 33934/2006 2 WP(C) 33934/2006 2