IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WA.No. 2670 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.30728/2009 Dated 03/11/2009 .................... APPELLANT/PETITIONER ------------------------------------ C.S.SWAMINATHAN, GOVERNMENT CONTRACTOR, CHALLIYIL HOUSE, KANICHUKULANGARA P.O., ALAPPUZHA. BY ADV. SRI.M.K.PRADEEPKUMAR RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, KERALA P.W.D., ROADS AND BRIDGES, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM-33. 4. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, KERALA P.W.D., NATIONAL HIGHWAYS AND ADMINISTRATION, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM-33. 5. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, KERALA P.W.D., BUILDINGS, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM-33. 6. THE SUPERINTENDING ENGINEER, KERALA P.W.D., ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM. 7. M.P.JOLLY, MELATH HOUSE, PAZAMTHOTTAM, ALUVA. R1 TO R6 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2670 of 2009 ------------------------------------------ Dated this the 26th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the rejection of the tender of the appellant disqualifying him for not giving the complete information as required, he had approached the learned Single Judge in W.P.(C) No.30728 of 2009 and on considering the rival contentions, the learned Judge found that the appellant had failed to produce the complete necessary materials, especially the profit and loss statements, balance sheets and auditor's report as required under clause 9.14(g)of the tender conditions. 2. The appellant undisputedly had submitted the profit and loss statements and balance sheets for only three years and as such rightly the tendering authority as well as the learned Single Judge, in our view, was justified in rejecting the challenge of the appellant against disqualification as the requirement was specifically made W.A.No.2670 of 2009 - 2 - for five years. Moreover, as is brought to our notice by the learned Government Pleader, the tender process has been completed and the work has already started on 1.11.2009 completing the basic requirements like leveling, earth work, widening and improvements and supply of metals for road work. 3. Considering all these aspects, in our view, there is absolutely no merit in the present case. The writ appeal is accordingly rejected. However, if the tender conditions provide for refund of cost of tender documents, the appellant may approach the concerned authority and if permissible under the tender conditions, the authority can consider refund of the entire or part of the said amount. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns