IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 15418 of 2009(V) -------------------------- PETITIONER(S): --------------- PRAVEEN ORGANIC FERTILISERS, III/646,PALAYANKADU,OLASSERY P.O. KODUMBU, PALAKKAD, REPRESENTED BY ITS PROPRIETOR, A.K.VASUDEVAN. BY ADV. SRI.T.A.SHAJI SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENTS: --------------- 1. COCONUT DEVELOPMENT BOARD, KERALA BHAVAN, S.R.V.H.S. ROAD, KOCHI-682011,REPRESENTED BY ITS SECRETARY. 2. UNION OF INDIA,REPRESENTED BY SECRETARY, MINISTRY OF AGRICULTURE, GOVERNMENT OF INDIA. ADV. SRI.O.V.MANIPRASAD FOR R1 SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 15418 of 2009 -------------------------- Dated this the 24th June,2009 J U D G M E N T Petitioner is a manufacturer of feritizers and agricultural products. First respondent issued a notification inviting tenders for empanelling manufacturers/producers of agricultural inputs. Clause (1) of the terms and conditions provide that “producers and manufacturers having 7 years experience in the manufacturing and marketing of agriculture inputs and having sufficient man power and transport arrangement alone will be considered for empanelment”. This has been challenged by the petitioner in this writ petition under Art.226 of the Constitution. 2. A detailed counter affidavit has been filed by the 1st respondent, wherein, it is pointed out that there is good reason why respondents have insisted on the eligibility conditions requiring a minimum of 7 years experience for a tender to be empanelled. It is pointed W.P ( C) No. 15418 of 2009 2 out that length of experience in the manufacturing and marketing field is an indication of the fact that an agency is a proven established and reliable supplier. Most of the agencies would have obtained various financial assistance from banks and other financial institutions for infrastructure development in the rural area. Such units will enjoy an infancy holiday of 5 years. Seven years has been kept as a period with a view to ensure that units which have survived the infancy period alone would be serious players. I find no reason not to accept the explanation offered by the respondents. Moreover, grounds for judicial review available in so far as tender conditions are concerned are extremely limited as held by the Supreme Court in Tata Cellular Vs. Union of India (AIR 1996 SC 11) reported in 2004 AIR SC 1962. I do not find any extra ordinary circumstances for interfering with the terms and conditions of tender. Writ petition is bereft of merit and hence dismissed. (V.GIRI,JUDGE) ma W.P ( C) No. 15418 of 2009 3 W.P ( C) No. 15418 of 2009 4