IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 16684 of 2011(I) --------------------------------- PETITIONER(S): -------------------- D.SISUPALAN, S/O. DIVAKARAN, AGED 43, PUNNEMOOTTIL THEKKETHIL HOUSE, MANAKAD.P.O., THODUPUZHA-685585. BY ADV. SRI.C.P.SAJI RESPONDENT(S): --------------------- THE ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD. REP.BY ITS MANAGING DIRECTOR, 32/134, M V ROAD, PREETHI BUILDING, PALARIVATTAM, KOCHI-682025. R1 BY ADV. SRI.M.VIJAYA KUMAR, SC, RBDCK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16684/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AUCTION NOTICE DATED 02/05/2011 PUBLISHED IN MALAYALAMANORAMA DAILY. P2: COPY OF THE LETTER OF ACCEPTANCE DATED 04/06/2011 ISSUED BY THE RESPONDENT. P3: COPY OF THE BANK GUARANTEE NO.1/2011 EXECUTED IN FAVOUR OF THE RESPONDENT DATED 10/06/2011. P4: COPY OF THE CROSSED CHEQUE DATED 10/06/2011 SUBMITTED BY THE PETITIONER. P5: COPY OF THE LETTER DATED 10/06/2011 SUBMITTED BY THE PETITIONER. P6: COPY OF THE QUESTION DATED 30/06/2011 ASKED UNDER R1 ACT. P7: COPY OF INFORMATION DATED 11/07/2011 RECEIVED UNDER RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE REPORT CAME IN INDIAN EXPRESS DATED 08/06/2011. /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 16684 OF 2011 ----------------------------------------------------- Dated this the 2nd day of August , 2011 J U D G M E N T Respondent invited tenders for the collection of user's fee at Pulleppady Railway over bridge. The petitioner was one of the bidders and by Ext.P2, he was informed that his tender was accepted. According to the petitioner although he furnished Bank guarantee and made necessary deposits, the respondent has not executed the agreement. It is therefore this writ petition is filed praying for a direction to the respondent not to cancel the tender and to execute the agreement pursuant to Ext.P2 letter of acceptance. 2. Counter affidavit has been filed by the respondent where it has been stated that subsequent to the invitation of tender and the issuance of Ext.P2, they came to know that there is a proposal for the reconstruction of the Railway over bridge at Ernakulam W.P.(C) No. 16684 OF 2011 :2 : North and to divert the existing traffic though other roads to avoid traffic congestion. It is stated that, to their knowledge, the proposal is to divert the existing traffic through Pulleppady Railway over bridge, dispensing with toll collection. In view of the pendency of this proposal, the respondent decided to defer execution of agreement with the petitioner until a clear picture emerges. 3. Petitioner is only a tenderer, who has been informed that his offer has been accepted. As at present there is no concluded contract, which requires execution of an agreement. At this stage, petitioner has no right whatsoever to insist that the respondent should execute the agreement irrespective of the aforesaid proposal. 4. The facts as disclosed in the counter affidavit shows that if the existing traffic through the north over bridge is diverted through Pulleppady Railway over bridge and the toll collection is to be dispensed with, that will W.P.(C) No. 16684 OF 2011 :3 : cause heavy damages to the contractor and therefore the respondent has decided not to execute the agreement with the petitioner. These developments have taken place after the invitation of tender. In such circumstances, if the respondent has decided not to execute agreement with the petitioner, such a decision cannot be said to be vitiated by illegalities or malafides justifying interference by this Court. Therefore the prayer sought for in this writ petition to direct the respondent to execute the agreement with the petitioner cannot be granted. The writ petition thus fails and the same is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge