IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 30864 of 2011(G) ----------------------------------------- PETITIONER(S): ------------------------ MODERN INDUSTRIES REPRESENTED BY ITS MANAGING PARTNER, SANJAI.T.S, AGED 37 YEARS, SON OF T.K.SAIDU, 12/342-2, VANIAKKAD, MANNAM P.O.-683 520, NORTH PARUR, ERNAKULAM DISTRICT. BY ADVS. SRI.B.ASHOK SHENOY, SMT.LAKSHMI B.SHENOY. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF SOCIAL WELFARE, SOCIAL WELFARE ANNEXE, SOCIAL WELFARE BHAVAN, POOJAPURA, THIRUVANANTHAPURAM-695 004. R1 & R2 BY SR.GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30864/2011 G APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE COPY OF SHORT TENDER NOTICE NO.ICDS/A1-13928/10 DATED 20.12.2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2- TRUE COPY OF TENDER NOTICE NO.ICDS/A1-13928/10 DATED 11.1.2011 ISSUED IN THIS REGARD BY THE IST RESPONDENT THROUGH THE 2ND RESPONDENT. EXHIBIT P3- TRUE COPY OF THE TABULAR STATEMENT SHOWING THE RATES QUOTED BY THE SIX TENDERERS WHO HAD SUBMITTED TENDERS PURSUANT TO EXHIBIT P1 AND P2. EXHIBIT P4- TRUE COPY OF JUDGMENT DATED 17.8.2011 IN WP NO.22300/2011 OF THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P5- TRUE COPY OF THE MINUTES OF THE TECHNICAL COMMITTEE CONSTITUTED FOR PURCHASE OF PRE-SCHOOL KITS HELD ON 21.2.2011. EXHIBIT P6- TRUE COPY OF THE LETTER NO.ICDS/A-1/13928/10 DATED 22.2.2011 SENT BY 2ND RESPONDENT TO IST RESPONDENT. EXHIBIT P7- TRUE COPY OF THE LETTER NO.ICDS/A-1/13928/10 DATED 20.8.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8- TRUE COPY OF THE MINUTES OF THE TECHNICAL COMMITTEE CONSTITUTED FOR PURCHASE OF PRE-SCHOOL KITS HELD ON 30.9.2011. EXHIBIT P9- TRUE COPY OF THE MINUTES OF THE PRE-TENDER CONSULTATION HELD ON 10.11.2010 FOR PURCHASE OF PRE-SCHOOL KITS. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 30864 of 2011 ---------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT Petitioner submitted a tender in response to Ext.P1 and Ext.P2 for the supply of preschool kits for the Anganvadies in the State and according to the petitioner he was the lowest tenderer. Subsequently, by Ext.P8, it was decided to accept tender item wise instead of as kits as a whole. Complaining that Ext.P8 is against the tender conditions, this writ petition is filed. 2. A statement has been filed on behalf of the 2nd respondent, where it is stated that Ext.P8 is only a proposal and that the Government have not so far taken any final decision in the matter. The relevant averments in the statement reads as follows: “It may be noted that base on the recommendation of the Technical Committee, proposal has been submitted to Government for the approval of the tender vide Lr.No.ICDS-A5- 13928/10 dated 02.12.2011 of the Director of W.P.C. No. 30864 OF 2011 -2- Social Welfare and Government have to take a decision in the matter.” It is also stated in paragraph 5 of the statement that the final acceptance of the tender rests with the Government. 3. From the averments in the statement referred to above it can be seen that Ext.P8 is only a proposal and that the matter is pending consideration with the Government. Therefore, as at present, in the absence of any final decision in the matter of awarding tender, the writ petition is premature. For that reason, the writ petition is closed leaving it open to the petitioner to approach this Court, if the final decision to be taken by the Government is prejudicial to them. ANTONY DOMINIC, JUDGE. Kp/-