IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 34750 of 2009(K) -------------------------- PETITIONER: --------------- TRAVANCORE ENGINEERS AND TECHNICIANS LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD. NO.Q 1012, CHATHANNOOR P.O., KOLLAM-691 572 REPRESENTED BY ITS PRESIDENT G.VIJAYAN. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF WATER RESOURCES, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KIP (RB), DIVISION NO.I, THENMALA, KOLLAM DISTRICT. 3. D.KRISHNANKUTTY, PWD CONTRACTOR, KRISHNA VILASAM, AGUSTHYAKOODAM, ANCHAL, KOLLAM DISTRICT. ADV. DR.K.P.SATHEESAN FOR R3 SRI.K.K.GOPINATHAN NAIR FOR R3 SRI.M.R.JAYAPRASAD FOR R3 SRI.P.MOHANDAS (ERNAKULAM) FOR R3 SRI.MATHEW SUNNY FOR R3 GOVERNMENT PLEADER SHRI K.RAMESH FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.34750/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF GO(MS)NO.135/97/CO-OP DATED 13.11.97 ISSUED BY THE GOVERNMENT. EXT.P2: TRUE COPY OF GO (MS)NO.44/04/PWD DATED 19.3.04 ISSUED BY THE GOVERNMENT. EXT.P3: TRUE COPY OF THE INTERIM ORDER DATED 23.4.04 IN W.P.(C)No. 13449/04 OF THIS COURT. EXT.P4: TRUE COPY OF ORDER DATED 9.6.04 IN W.P.(C)No. 13449/04 OF THIS COURT. EXT.P5: TRUE COPYOF THE JUDGMENT DATED 5.2.09 IN W.P.(C)No. 36527/08 OF THIS COURT. EXT.P6: TRUE COPY OF THE NOTIFICATION BEARING NO.DB.1970/03 DATED 15.10.09 ISSUED BY THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE LETTER NO.D5.795/09 DATED 12.11.09 ISSUED BY THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF THE REPRESENTATION DATED 28.11.09 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. TRUE COPY T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34750 OF 2009 --------------------------------------- Dated this the 9th day of April, 2010. J U D G M E N T The petitioner is a labour contract Co-operative Society. The petitioner has approached this Court seeking for a direction commanding the 2nd respondent to award the work involved in Exhibit P6 to the petitioner. It is pointed out in the writ petition that Exhibit P1 order passed by the Government confers rights and privileges to the Labour Contract Co-operative Societies. This was amended by Exhibit P2 Government Order issued in 2004. Exhibits P3 to P5 are the interim orders and judgment of this Court concerning the challenge made against these orders. 2. Exhibit P6 is the notification pursuant to which the petitioner submitted the tender by quoting the rate of 18% above the estimate PAC, whereas the 3rd respondent herein quoted 2% below the estimate PAC. At the time of opening the tenders, the petitioner offered his desire to execute the work at the rate of 7.5% above the estimate PAC. The 2nd respondent then issued W.P.(C) No.34750/2009 2 Exhibit P7 communication directing the petitioner to inform his desire as to whether he would be ready to reduce the rate. On receipt of Exhibit P7, the petitioner submitted a representation dated 20.11.2009 extending its desire to execute the work involved in Exhibit P6 at the rate of 8% above the estimate PAC. Apprehending that hasty steps are being taken to award the work to 3rd respondent, this writ petition has been filed. 3. The 2nd respondent has filed a counter affidavit therein in paragraph 7 it is mentioned that, according to Exhibit P7 Government Order the society is eligible to take the work 8% above than the quoted rate of the 3rd respondent. Accordingly, intimation was given to the petitioner. As per his registered letter dated 28.11.2009 extending the desire to execute the work at the rate of 8% above the estimate PAC, their tender was accepted. It is further averred that the 2nd respondent has not taken any steps to award the work to the 3rd respondent. All the action taken are only on the basis of rules and privileges of Exhibit P1 Government Order. Therefore, it is clear that the petitioner's tender was accepted and action is being taken to W.P.(C) No.34750/2009 3 proceed with the same in the light of Exhibit P1 itself. In that view of the matter, there will be a direction to the 2nd respondent to finalise the tender in accordance with the relevant Government Orders as expeditiously as possible. This writ petition is accordingly disposed of. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp