IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5925 of 2010(M) ------------------------- PETITIONER(S): --------------- K.M.ABDUL KAREEM,MADATHIL CONSTRUCTIONS, ENGINEERS & CONTRACTORS, MADATHIL PLAZA, ROOM NO.3 NELLIKKAPARAMBA P.O., VALIYAPARAMBA, MUKKAM, KOZHIKODE. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, DEPT.OF PUBLIC WORKS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY CENTRAL CIRCLE, VYTTILA P.O., KOCHI. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C)No.5925 of 2010 ------------------------------------------ Dated this the 23rd day of February, 2010 JUDGMENT The petitioner is a contractor for the construction of paved shoulders on either sides of N.H.17 at KM 369/804 to 393/00. His tender was fixed at the rate of 27.8% below the estimate rate and the selection notice was accordingly issued. He was directed to execute an agreement by providing security deposit of Rs.1,00,000/- and performance guarantee of Rs.51,31,246/-. 2. At the relevant point of time the remitting of performance guarantee was governed by G.O.(P)No.84/07/PW&T dated 19/8/97. In modification to the existing rules and procedures regarding performance guarantee, Government issued orders as per Ext.P2 dated 6/8/2003. According to the petitioner, going by the terms of Ext.P2, a contractor who quotes the rate below 25% was bound to remit only the difference between 25% and 50% below the estimate rate. Seeking for the benefit of the said Government order, petitioner has filed Exts.P3 and P4 representations before the second respondent. It is pointed out that so far no action has been taken on Exts.P3 and P4. W.P.(C)No.5925 of 2010 2 3. Heard the learned Government Pleader appearing for the respondents. 4. There will be a direction to the second respondent to take a decision on Ext.P4 within a period of one month from the date of production of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj