IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 W.P(C).No. 8034 of 2008(F) -------------------------------- PETITIONERS: --------------- 1. VARGHESE KANNAMPALLY, GOVT.CONTRACTOR, KANNAMPALLIL HOUSE, CHANGANKARY P.O., EDATHUA, ALAPPUZHA DISTRICT, PIN 689 579. 2. K.A.JELTON, GOVT.CONTRACTOR, KIZHAKKEVEETTIL HOUSE, KANNAMALY P.O., KOCHI-8. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE, THRISSUR. 3. THE EXECUTIVE ENGINEER, IRRIGATION, ERNAKULAM. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8034 OF 2008 F ==================== Dated this the 25th day of March, 2008 J U D G M E N T The prayer in this writ petition is to direct the respondents to adopt open tender proceedings while inviting tenders for the construction of groyne under Edavanakad Special Package of Njarakal Constituency and side protection and deepening works of Vijayan Canal in Palluruthy Constituency. According to the petitioners, for works upto Rs.500 lakhs open tender system is to be followed in terms of Ext.P1 Government order dated 13/8/98. It is stated that the estimate for the works referred to above as sanctioned by the 1st respondent in Ext.P2 proceedings is Rs. 99 lakhs and 170 lakhs. In view of this, petitioners contend that open tender system should be followed, but however respondents wanted to award the work without open tender. Thereupon the petitioners submitted Exts. P3 and P4 objecting to the proposal. Even thereafter as steps were continued to award the work without open tender this writ petition has been filed. 2. Learned Government Pleader invites my attention to Ext.P1 itself and submits that the open tender as canvassed by the petitioner is inapplicable to the work in question. It is rightly pointed out that in terms WPC 8034/08 :2 : of Ext.P1 only for original works sanctioned by Ministry of Surface Transport, Government of India for National Highways, the pre- qualification limits relied on by the petitioners is applicable. It is submitted that for canal formation including CD works and other irrigation works upto Rs.125 lakhs or more, tenders for execution shall be obtained from contractors pre-qualified according to procedure laid down in the appendix of the aforesaid provision in Ext.P1 that steps were initiated for awarding the work. 3. Thus obviously, the works pointed out by the petitioners are not those sanctioned by the Ministry of Surface Transport for National Highways. If that be so, open tender are prescribed for tenders involving upto Rs.500 lakhs is inapplicable. Therefore, there is nothing irregular in the steps taken by the respondents for awarding the work. I do not find any merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC,JUDGE. Rp