IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 15793 of 2008(E) -------------------------- PETITIONER: ------------ ALL KERALA ENGINEERS AND SKILLED WORKERS LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD. NO.4447, THEVALLY, KOLLAM 691 009, REPRESENTED BY ITS PRESIDENT D.RAJKUMAR. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENTS: ------------- 1. SECRETARY TO GOVERNMENT WATER RESOURCE (IRRIGATION) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, NEAR PMG JUNCTION, THIRUVANANTHAPURAM. 3. ABDUL KALAM, KOCHU KOYICKAL, MADAPALLY, MUKUNDAPURAM P.O., CHAVARA, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER MR.ANU SIVARAMAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.15793 OF 2008(E) ---------------------------------------------------------------- Dated this the 13th day of June, 2008 J U D G M E N T Learned senior Government Pleader submits that since the amounts quoted by the petitioner and the third respondent were above the sanctioning limit of the authority, the file was sent up for further consideration and the contract was awarded to the third respondent, however, that he did not avail the same and has requested for refund of the EMD. It is stated that, therefore, the authorities have to put the work for re-tender and the petitioner will be at liberty to compete in accordance with the relevant Government orders and decisions. This is recorded and the writ petition is closed without prejudice. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/16/6/08 // True copy // P.A. to Judge.