IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 27696 of 2009(F) ---------------------------------------- PETITIONER(S): -------------------------- BEL BENEDICT JOINT VENTURE, 1001-NRA COLONY, POURNAMI, LEKSHMI NADA, CUTCHERRY P.O., KOLLAM, REPRESENTED BY MEMBER, BENEDICT RAJA P.D. BY ADV. MR.P.K.BALAKRISHNAN NAIR RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS - PWD, SOUTH CIRCLE, THIRUVANANTHAPURAM. 3. SREE DHANYA CONSTRUCTIONS (OPPOSITE) CONGRESS BHAVAN, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. 4. V.P.THRIMATHY, GOVERNMENT CONTRACTOR, EDAVANA P.O., MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. V. ,MANU R3 & R4 BY ADV. MR.BABU JOSEPH KURUVATHAZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010 ALONG WITH WPC.NO.27910 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27696/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JOINT VENTURE AGREEMENT DTD. 10/09/2009. P2: COPY OF THE PAPER PUBLICATION MATHRUBHUMI DAILY 20/08/2009. P3: COPY OF THE DOWN LOADED DATAILS OF THE TENDER DTD.12/08/09. P4: COPY OF THAT WORK ORDER DTD. 23/02/2002. P5: COPY OF TAKING OVER CERTIFICATE DTD. 18/01/2008. P6: COPY OF THAT APPLICATION DTD. 14/09/2009 BEFORE THE 2ND RESPONDENT. P7: COPY OF THIS EXTENSION NOTIFICATION DTD. 14/09/2009. P8: COPY OF THE LETTER DTD. 29/09/09 GIVEN TO THE 2ND RESPONDENT BY THE PETITIONER. RESPONDENT'S EXHIBITS: R2(A): COPY OF GOVERNMENT ORDER G.O.(MS) NO.52/87/PW&T DTD.07/07/87. R2(B): COPY OF PROCEEDINGS NO.PWD/KSTP/PMT/PC/60/0(299)DTD.5/11/05. R2(C): COPY OF G.O.(MS) NO.19/2008/PWD DTD. 07/04/08. R2(D): COPY OF NOTICE AFFIXED IN THE NOTICE BOARD. R2(E): COPY OF TENDER NOTICE DTD. 12/08/09 PUBLISHED IN MATHRUBHUMI DAILY. R3(A): COPY OF THE ORDER NO.280/PWD/KSTP/PMT/PWD/07 DTD. 5/09/2009 ISSUED BY THE CHIEF ENGINEER, KERALA STATE TRANSPORT PROJECT. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------ WP(C) Nos.27696 & 27910 of 2009 -------------------------- Dated, this the 15th day of March, 2010 J U D G M E N T The issue raised in these writ petitions are common, and therefore, these cases were heard and are disposed of by this common judgment. 2. The Superintending Engineer, NH (PWD) South Circle, issued tender notice inviting pre-qualification tenders for execution of the work of M.C.Road - Four Laning Kesavadasapuram to Mannanthara at KM. 5/670 to KM. 10/000 in Thiruvananthapuram District. 3. According to the petitioners, they are contractors, who satisfy the pre-qualification norms. They say, they approached the Superintending Engineer for the issuance of tender documents. But however, they were not issued the tender documents and were informed that the last date for submission of the tender documents was postponed. However, later on they came to know that the last date was preponed. According to them, by this process they were prevented from obtaining tender documents and participating in the WP(C) Nos.27696 & 27910/2009 -2- tender. It is alleged that tenders were received from favourite tenderers and the official respondents were taking steps to evaluate the pre-qualification of the tenderers. It is in these circumstances, the writ petitions were filed praying for quashing the steps taken by the respondents for awarding the aforesaid work, and to direct the respondents to issue tender documents to the petitioners and enable them to submit their bids as well. 4. Statements have been filed by the respondents. In spite of the contentions have been raised on the merits of the dispute, the official respondents say that this is an urgent work, which they are executing with the central funds and that if the tender proceedings are not finalised before 31/03/2010, the funds are likely to lapse. They say that in order to salvage the project, they are willing to issue tender documents to the petitioners and the petitioners can also submit their bids, and that all the tenders will be considered for pre-qualification. 5. As already seen, the grievance in these writ petitions is that despite having approached the official respondents, the petitioners were not issued tender documents. Apart from the petitioners, no other tenderer has approached this Court raising a WP(C) Nos.27696 & 27910/2009 -3- complaint of this nature. The grievance of the petitioners can be redressed, if tender documents are issued to them and they are provided an opportunity to submit their bids as well. Having regard to the above, and also taking into account the fact that if tender is not finalised before 31/03/2010, funds itself will lapse and the whole project will be in jeopardy, these writ petitions are disposed of with the following directions:- That it will be open to the petitioners to approach the Superintending Engineer on or before 17/03/2010, in which event, the petitioners will be issued tender documents pertaining to the work mentioned above. If the petitioners obtain tender documents, it will be open to them to submit their bids on or before 4 PM on 22/03/2010. It is directed that if bids are submitted as above, the bids submitted by the petitioners and the bids already received will be considered afresh for pre-qualification and the price bids of those pre-qualified tenderers will be considered for awarding the work in question. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg