IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 WP(C).No. 13196 of 2008(U) -------------------------- PETITIONER: ------------ K.A.JELTON, GOVT.CONTRACTOR, KIZHAKKEVEETTIL HOUSE, KANNAMALY P.O., KOCHI-8. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SMT.A.KUMARI MINI RESPONDENTS: ------------- 1. THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ALAPPUZHA. BY GOVERNMENT PLEADER SRI BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 13196 of 2008 ------------------------------------- Dated: APRIL 22, 2008 JUDGMENT Petitioner submits that he is a Government contractor with valid 'A' class registration. According to him, he wants to bid for two items of works notified as per Ext.P1 and six items of work notified as per Ext.P2(a) tender notices. It is stated that the petitioner submitted Exts.P2 and P2(b) representations to the 1st respondent requesting that he may be permitted to submit his bids without depositing the Earnest Money Deposit prescribed in the tender notices referred to above. The basis of such claim is that two works that were executed by the petitioner and the bills in respect of which were registered with the 2nd respondent, more than Rs.10.5 lakhs is due to him. Since according to him Exts.P2 and P2 (b) representations did not yield any result, this writ petition has been filed. Petitioner also refers to Exts.P3 to P5(a) judgments rendered by this court and contends that identical reliefs had been granted to the contractors who had filed those writ petitions. WP(C) 13196/08 Page numbers 2. If, as stated by the petitioner, sufficient amount to cover the EMD prescribed for the two works of Ext.P1 and six works notified as per Ext.P2(a), are due to him, it is only fair and proper that the petitioner is permitted to submit his tender and is permitted to adjust the amounts due towards the EMD prescribed. Therefore, if, as claimed by the petitioner, amount is due to him from the office of the 2nd respondent, directing that the petitioner will be permitted to submit his tenders to the 1st respondent, adjusting the amounts due towards the EMD prescribed, this writ petition is disposed of. 3. Petitioner shall produce a copy of this judgment before the respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-