IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 10003 of 2005(N) --------------------------------------- PETITIONER: ------------------- JOSEPH A.MATTOM, GOVT.CONTRACTOR, MATTOM HOUSE, CHETTIKULAM P.O., CHALAKUDY, TRICHUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, ADV. SRI.K.I.SAGEER IBRAHIM. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF PUBLIC WORKS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPT. OF SURFACE TRANSPORT, NEW DELHI. 3. THE SUPERINTENDING ENGINEER, P.W.D., (ROADS & BRIDGES) CENTRAL CIRCLE, ALUVA. BY GOVT. PLEADER SRI. NOBLE MATHEW, ADV. SRI.R.SATHISH KUMAR, ADDL.CGSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10003/2005-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SELECTION NOTICE NO. DEE-2903/04 DTD. 11/03/2004 ISSUED BY THE R.3. EXT.P.2: COPY OF THE RELEVANT PORTION OF MADRAS STANDARD SPECIFICATIONS (MDSS). EXT.P.3: COPY OF THE G.O. (MS).NO.12/97/PW&TDTD. 29/01/97 ISSUED BY THE R.1. EXT.P.4: COPY OF THE G.O. (P) NO. 84/97/PW&T DTD. 19/08/97 ISSUED BY THE R.1. EXT.P.5: COPY OF THE REPRESENTATION DTD. 03/01/2005 FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.6: COPY OF THE REPRESENTATION DTD. 06/01/2005 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.7: COPY OF THE REPRESENTATION DTD. 14/03/2005 FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.8: COPY OF THE REPRESENTATION DTD. 16/03/2005 FILED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.10003 of 2005 ----------------------------------------- Dated this the 4th day of July, 2008 JUDGMENT The writ petition is filed with the following prayers:- i) issue a writ of certiorari or any other appropriate writ, order or direction quashing clause V of Ext.P4 and the condition imposed in the Ext.P1 to provide bank guarantee or in the alternative issue a writ of mandamus commanding the respondents 1 and 3 to insist for bank guarantee as provided under Central P.W.D., ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P8 representation, forthwith. There will be a direction to the first respondent to look into Ext.P8 and pass appropriate orders in accordance with law, if not already passed within a period of three months from the date of production of a copy of the judgment along with a copy of the writ petition. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.10003 of 2005 ----------------------------------- JUDGMENT 4th July, 2008