IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 9927 of 2009(I) ------------------------- PETITIONER: --------------- THE REGIONAL AGRO INDUSTRIAL DEVELOPMENT CO-OPERATIVE OF KERALA LTD.(RAIDCO), KANNUR-REP.BY ITS MANAGING DIRECTOR. BY ADV. SRI.M.SASINDRAN RESPONDENT: --------------- 1. THE KOTTAYAM DISTRICT PANCHAYAT, KOTTAYAM,REP.BY ITS SECRETARY. 2. THE PRINCIPAL AGRICULTURAL OFFICER, KOTTAYAM,CIVIL STATION,KOTTAYAM. 3. KERALA AGRO INDUSTRIES CORPORATION, THIRUVANANTHAPURAM,REP.BY ITS MANAGING DIRECTOR. ADV. SRI.RAJESH NAIR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------- W.P.(C).No.9927 of 2009 I --------------------------------------- Dated this 05th day of November, 2009 JUDGMENT The first respondent Panchayat Committee wanted to purchase certain costly agricultural implements in connection with harvesting etc. Petitioner and 3rd respondent are accredited by the Government for supply even without invitation of tender. Notwithstanding that, the first respondent invited tenders. The petitioner and another submitted tenders. Petitioner's offer was the lowest. That was, however, rejected as per Ext.R1(c) on the ground that the petitioner had not further brought down the offered price. Obviously, the District Panchayat has to ensure that the purchase is made at the lowest possible price because the intention is not to put the equipments for the District Panchayat to generate funds, in the commercial sense. But, having regard to the fact that the petitioner is also prepared for further negotiations and having regard to the quality of W.P.(C).No.9927 of 2009 2 the status of the petitioner and the 3rd respondent, the interim order is vacated paving way to the first respondent negotiating with the petitioner and the 3rd respondent and awarding the purchase order to the one found suitable, also having regard to the price that may be offered. This shall, however, happen within a period of two weeks, having regard to the urgency in the agricultural sector. Writ petition is so ordered. THOTTATHIL B RADHAKRISHNAN, JUDGE Sbna/