IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4409 of 2008(Y) ------------------------- PETITIONER: --------------- K.A.JELTON, GOVT.CONTRACTOR, KIZHAKKEVEETTIL HOUSE, KANNAMALY P.O., KOCHI-8. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SMT.A.KUMARI MINI RESPONDENTS: ----------------- 1. THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ALAPPUZHA. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =================== W.P.(C) NO. 4409 OF 2008 Y =========================== Dated this the 6 th day of February, 2008 J U D G M E N T Petitioner submits that he is a Government Contractor with A Class Registration Certificate. According to him, he is desirous of submitting tender in response to Ext.P1. However, Ext.P1 requires the petitioner to remit Earnest Money Deposit(EMD) of Rs.50,000/- for the work at Sl.No.2. Petitioner submits that from the office of the 2 nd respondent, more than Rs.10 lakhs is due to him and therefore, the 1 st respondent should be directed to accept the tender submitted by the petitioner without EMD. It is also prayed that an equivalent amount of EMD should be appropriated from the amount that remains outstanding to the petitioner from the office of the 2 nd respondent. 2. It is seen that with similar requests writ petitions filed WPC 4409/08 :2 : have been disposed of by this court and Exts. P3 to P5(a) are the judgments granting similar reliefs. 3. The factual position as far as the petitioner is concerned being similar to the cases dealt with by this court in the aforesaid judgments, I dispose of this writ petition with the following directions. That if as claimed by the petitioner, amount is due to him from the office of the 2 nd respondent, the petitioner will be permitted to submit his tender to the 1 st respondent and that out of the amount due from the 2 nd respondent, the 1 st respondent shall adjust amount equal to the EMD prescribed in Ext.P1 tender notice. ANTONY DOMINIC,JUDGE. Rp