IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32724 of 2009(I) ------------------------------------- PETITIONER: ------------------- PRIYA.K.S., KANIMANGALATH HOUSE, VALIYALAKKAL, KANIMANGALAM P.O., THRISSUR. BY ADV. MR.T.GOPALAKRISHNAN. RESPONDENTS: ------------------------ 1. THE MANAGING DIRECTOR, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., E 150(D), (MILMA) P.B.NO.2212, EDAPALLY, COCHIN-682 024. 2. THE DIARY MANAGER, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., THRISSUR DIARY, RAMAVARMAPURAM-680 631. R1 & R2 BY MR. K. ANAND, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J ------------------- W.P.(C).32724/2009 -------------------- Dated this the 17th day of November, 2009 JUDGMENT Heard Sri.T.Gopalakrishnan, the learned counsel appearing for the petitioner and Sri.K.Anand, the learned standing counsel appearing for the respondents. 2. By Ext.P1 tender notice dated 29.7.2009, the first respondent invited tenders from taxi operators for use in the various units/offices described therein. In Ext.P1 tender notice it is stated that the average distance will be 80 Kms per day. Pursuant to Ext.P1, the petitioner submitted her tender. The petitioner's tender was found to be the lowest and it was accepted. However, the petitioner declined to execute an agreement stating that the respondents should ensure payment for 80 Kms per day. In this writ petition, the petitioner seeks a direction to the respondents to comply with the tender conditions in Ext.P1 tender notice and to execute an agreement incorporating the terms and conditions stipulated therein. She also seeks a direction to the respondents to release the amount payable for the previous year during which also she was the successful operator. 3. Sri.K.Anand, the learned standing counsel appearing for W.P.(C).32724/2009 2 the respondents made available to me the original of the tender submitted by the petitioner. Clause 14 of the special conditions reads as follows. The total reduction – due to closure of Societies or reduction in distance – should in no case be more than 20% of the bill. He submits that if the vehicle does not run for the minimum stipulated distance of 80 Kms., the taxi operator will be paid only 20% less than the aggregated rate. He submits that since the petitioner's bid was the lowest, the respondents are willing to enter into an agreement with the petitioner, subject to condition No.14 of the special conditions being incorporated as a part of the agreement. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from paragraph 14 of the special conditions that the petitioner cannot claim assured payment for 80 Kms per day. The special conditions forming part of the tender are binding on the petitioner. In such circumstances, the first relief sought by the petitioner cannot be granted. It will be open to the petitioner, if she is willing, to enter into an agreement with the respondents incorporating the terms and conditions W.P.(C).32724/2009 3 in the tender submitted by her. It is clarified that if the petitioner does not enter into such an agreement within one week from today, it will be open to the respondents to negotiate with the next lowest bidder or to invite fresh tenders. As regards the second relief sought by the petitioner, the learned counsel appearing for the respondents submits that the money remaining unpaid will be paid, after the accounts are settled expeditiously and in any event within two weeks from today. He also submits that the stop memo issued to the petitioner will be withdrawn for a period of one week from today, so as to enable the petitioner to enter into an agreement and that the stop memo will be given effect to only if the petitioner fails to execute the agreement within the time stipulated above. The writ petition is disposed of in the above terms. P.N.RAVINDRAN, Judge mrcs