IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 28884 of 2010(I) -------------------------- PETITIONER(S): -------------------- K.SURESH, S/O.RAGHAVAN, ROYAL CASTLE, MATHUKKOTH, VARAM P.O., KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ----------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, TRIVANDRUM-695 001. 2. THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, KANNUR-673 121. 3. ASST.EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, IRITTY-670 703. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28884 OF 2010 (I) ===================== Dated this the 29th day of September, 2010 J U D G M E N T Petitioner submits that he was the successful tenderer in the tender invited by the respondents for laying of underground cables. It is stated that, for reasons which are not attributable to the petitioner, agreement could not be executed although the time specified has expired. It is stated that since the delay occurred was not for reasons attributable to the petitioner, respondents should be directed to permit the petitioner to commence the work in terms of Ext.P1 ignoring the delay. 2. However, learned Standing counsel appearing for the respondents, who has obtained instructions in the matter, submits that work was awarded to the petitioner on 30/6/2010 and the period specified for execution of the agreement was three days. It is stated that for the fault of the petitioner, petitioner did not execute the agreement and therefore the respondents have retendered the work. 3. From the facts, it is evident that the tender awarded to the petitioner was cancelled and the work was retendered. Once WPC No. 28884/10 :2 : the tender has been cancelled, tenderer cannot claim any right to execute the work. If that be so, this Court will not be justified in directing the petitioner to execute the work ignoring the default and the cancellation of the tender. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp