IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12411 of 2008(C) -------------------------- PETITIONER: ------------------ ROYS JOHN, THIRUNELLATH VELIYIL, THYCATTUSSERRY P.O., CHERTHALA. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ROADS DIVISION, PUBLIC WORKS DEPARTMENT, ERNAKULAM. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 12411 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 JUDGMENT Petitioner is allegedly a category A Contractor. He has approached this court seeking a direction to the second respondent to open the tenders received as on 20.2.2008 and not to adjourn or postpone the last date for submission of the tenders. Declaration is also sought on the same lines. Pursuant to the tender notice on 16.1.2008 for transporting Bitumin from Cochin Refinery to different work sites, the petitioner submitted his tender. According to him, he understood that there are participants and it is open to the respondents to open the tenders. But, he submits that, the respondents are not taking a decision in the matter and further notices are issued. He refers to Exts.P3, P4, P5 and P6. As per Ext.P6 the date of submission has been further extended upto 16.4.2008 and it has been decided to re-open the tenders on 17.4.2008. It is the case of the petitioner that this action is without any justification in law and what is the contingency which has led to the adjournment is not brought out. 2. I heard learned Senior Counsel Sri. K.P.Dandapani, appearing for the petitioner as also the learned Government Pleader. WPC.12411/2008. 2 3. Learned Government Pleader on instructions submits that there were only two tenderers as of now. But he submits that the tenders will be opened on 17.4.2008. He further submits that this should not be taken as meaning that the authority will be bound to accept the tenders. In the light of this submission, the writ petition is disposed of recording these submissions and directing that the tenders will be opened on 17.4.2008 and decision taken thereon in accordance with law. (K.M. JOSEPH, JUDGE) sb