IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26188 of 2009(P) ----------------------------------------- PETITIONER(S): ------------------------- C.ASHOKAN,S/O.CHELLAPPAN,AGED 52 YEARS, CONTRACTOR,ASHOKAN BHAVANAM,PONMANA.P.O, CHAVARA,KOLLAM DISTRICT. BY ADVS. MR. K.SIJU MR.S.SUDHEESHKAR, MR.PRATHEESH.P. RESPONDENT(S): ---------------------------- 1. THE KERALA MINERALS AND METALS LTD, (A GOVT.OF KERALA UNDERTAKING),MINERAL SEPARATION UNIT,KOVILTHOTTAM,CHAVARA,KOLLAM. 2. M/S.TVK CONSTRUCTIONS,ARAMAN, PADA NORTH, KARUNAGAPPALLY,KOLLAM. 3. M/S.DEEPTHI TRANSPORTATION,KARITHURA, CHAVARA,KOLLAM. BY ADV. MR. K.ANAND, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26188 of 2009-P ------------------------------ Dated this the 17th day of September, 2009. J U D G M E N T The first respondent invited tenders for the mechanized collection, loading, transportation and supply of mineral sand in tippers from Mining site-II. The last date for submission of tenders was 27.7.2009. One of the conditions of the tender notice was that the tenderer should be solvent to the tune of Rs.25,00,000/- and that a solvency certificate issued either by a Tahsildar or by a scheduled bank should be enclosed with the tender. Though the petitioner submitted the tender within the prescribed time, he did not enclose the solvency certificate along with his tender. After the last date fixed for submission of tender he sent Ext.P2 letter submitting that he has not been able to produce the solvency certificate and that he will produce it on or before 10.8.2009. Thereafter a solvency certificate was produced along with Ext.P3 letter. The grievance voiced by the petitioner in this writ petition is that his tender has not been acted upon though it is the lowest tender. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the first respondent to confirm the tender in his favour taking note of Exts.P2 and P3. W.P(C) No.26188 of 2009-P 2 In my opinion, the claim made by the petitioner is plainly untenable. The petitioner submitted his tender without the solvency certificate. In such circumstances his tender was not a valid tender and was liable to be rejected for the reason that it was not in tune with the tender conditions. I am therefore of the opinion that the petitioner’s tender cannot be acted upon. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE ab //True Copy// PA to Judge