IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WA.No. 1727 of 2011() ----------------------------- (AGAINST JUDGMENT DT.27.10.2011 IN WP(C).NO.11153 OF 2011) APPELLANT(S): --------------------- KERALA FEEDS LIMITED, (A GOVERNMENT OF KERALA UNDERTAKING), KALLETTUMKARA, THRISSUR DISTRICT, PIN-680 683. BY ADV. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE RESPONDENT(S): ----------------------- 1. LUCKY TRANSPORT SERVICE, RAMEEZ ARCADE, CHEROOTY ROAD, KOZHIKODE, REPRESENTED BY THE MANAGING PARTNER P.K.ABDUL NAZAR. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, ANIMAL HUSBANDRY, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 3. MADHU.D., PROPRIETOR, M/S.PADMA CARGOS, RAMAN CENTRE, PATTANAKKADU, CHERTHALA – 688 524. R1 BY ADV.SRI.K.V.GOPINATHAN NAIR R2 BY SR.GOVT.PLEADER SMT.K.MEERA. R3 BY ADV.SRI.VAKKOM N.VIJAYAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ALONG WITH WA.1730 OF 2011 ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1727 of 2011 & W.A.No. 1730 of 2011 ---------------------------------------------- Dated this the 14h day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. W.A.No. 1727 of 2011 is filed by the awarder and W.A.No.1730 of 2011 is filed by the beneficiary, who is the third respondent before the learned Single Judge. 2. The main ground, upon which the award of tender in favour of the third respondent was challenged, was want of service tax registration. The learned Single Judge, after taking into consideration the terms and conditions of tender notification, was justified in saying that once the tender condition indicates a mandate of having a service tax registration, the awarder has to follow the said conditions without any concession to be given. Therefore, the learned Single Judge ultimately opined that the tender submitted by the third respondent was also equally WA.1727 & 1730/11 2 vitiated like that of the writ petitioner. However, in order to see that the public would not be put to any inconvenience in view of commencement of the operations by the third respondent with effect from 14.4.2011 the learned Single Judge granted four weeks time to re-do the entire process in accordance with the procedure. 3. During the course of argument, the learned Senior Counsel appearing for the appellant in W.A.No.1727 of 2011 contended that as a matter of fact there was no necessity for imposing such condition. We are of the opinion that it is in the best wisdom of the awarder to have all necessary conditions to be imposed by calling for the tenders. So far as the tender in question is concerned, having regard to imposition of such a condition of service tax registration, the learned Single Judge was justified in setting aside the tender awarded to the third respondent directing the appellant in W.A.No. 1727 of 2011 to re- process the whole thing. Having regard to the difficulty expressed by the learned Senior Counsel to re-do the entire process within a time frame of four weeks, we are of the opinion that the time fixed by the learned Single Judge for re-doing the entire process WA.1727 & 1730/11 3 by the awarder needs to be extended by another four weeks, i.e., totally eight months or till the end of December, 2011, whichever is earlier. With these observations, we dispose of the Writ Appeals. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs