IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 12012 of 2011(B) -------------------------- PETITIONER(S): ---------------------- P.N.MOHAMMED MUSTHAFFA, S/O.NOOR MUHAMMED,AGED 56 YEARS,'SHERIN' VASUDEVA NAGAR,ROBINSON ROAD,PALAKKAD-678001. BY ADV. SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.P.G.BABITHA RESPONDENT(S): ----------------------- 1. THE KOLLENGODE BLOCK PANCHAYATH, OFFICE OF THE BLOCK PANCHAYATH,KOLLENGODE.P.O, PALAKKAD-678506. 2. THE BLOCK DEVELOPMENT OFFICER, (SECRETARY),BLOCK PANCHAYATH),OFFICE OF THE BLOCK PANCHAYATH,KOLLENGODE.P.O, PALAKKAD-678506. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12012/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT ON BEHALF OF THE FIRST RESPONDENT IN THE MALAYALA MANORAMA DAILY DT 19.2.2011. EXT.P2: TRUE COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT. EXT.P3: TRUE COPY OF THE CHALLAN SUBMITTED BEFORE THE BANK FOR THE ISSUANCE OF DEMAND DRAFT. EXT.P4: TRUE COPY OF THE TENDER PROCEEDINGS. EXT.P5: TRUE COPY OF THE COMMUNICATION DT 2.5.2011 RECEIVED UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 12012 OF 2011 (B) ===================== Dated this the 24th day of June, 2011 J U D G M E N T Ext.P1 is a tender notification issued by the 1st respondent inviting tenders for supply of various items mentioned therein. According to the petitioner, in response to Ext.P1, petitioner submitted his tender offering to supply embroidery machine, over lock machine, fashion maker and cutting machine. According to the petitioner, although his tender was the lowest, respondents decided to cancel the tender and invited fresh tenders. It is in the aforesaid circumstances the writ petition has been filed with the following prayers:- a. issue a writ of mandamus or other appropriate writs, orders or directions commanding the respondents to confirm the tender in the name of the petitioner as his tender is the lowest. b. issue a writ to declare that the first and second respondents have no authority to cancel the tender without any valid reason. 2. The fact that a tender has been invited does not in any manner oblige the tender inviting authority to accept the tenders even if the rates quoted by a person is the lowest. A person who has made such an offer also has no right to insist that his tender WPC No. 12012/11 :2 : should be accepted. However, the decision to cancel the tender or not to accept the lowest tender can be interfered with by a court of law exercising powers under Article 226 of the Constitution of India if it is demonstrated that the said decision is vitiated by malafides or extraneous considerations or arbitrariness. In this case, no pleadings, muchless any satisfactory plea has been raised by the petitioner to justify interference with the impugned decision of the respondents. 3. Therefore,I do not find any merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp