IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 27748 of 2011(P) -------------------------- PETITIONER(S): --------------- A.K.GANGADHARAN MEMORIEAL LOBOUR CONTRACT SOCIETY LTD,P.B.NO.15,145/168,FORT ROAD, TELLICHERRY-REPRESENTED BY ITS SECRETARY, A.K.PRAKASH,S/O.KRISHNANKUTTY,AGED 54 YEARS, PRAKASH BANGLAW,TELLICHERRY-670101. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. AIRPORTS AUTHORITY OF INDIA, SOUTHERN REGION,CALICUT AIRPORT(P.O),-CALICUT- REPRESENTED BY ITS DIRECTOR,CALICUT AIRPORT(P.O) CALICUT-673647. 2. CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT(P.O),-CALICUT-REPRESENTED BY AIRPORT DIRECTOR,CALICUT AIRPORT(P.O), CALICUT-673647. 3. THE ASSISTANT GENERAL MANAGER, AIR TRAFFIC CONTROL,CALICUT INTERNATIONAL AIRPORT- CALICUT AIRPORT(P.O),CALICUT-673647. SC SRI.S.SUJIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27748 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1: TRUE COPY OF THE NOTICE INVITING TENDER ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE CORRIGENDUM ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P3: TRUE COPY OF THE LETTER DATED 11.10.2011 SENT BY THE 3RD RESPONDENT. EXHIBIT-P4: TRUE COPY OF THE COMPETION/PERFORMANCE CERTIFICATE STATED IN THE APPLICATION. EXHIBIT-P5: TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER SOCIETY AND NORTH MALABAR GRAMIN BANK. EXHIBIT-P6: TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER SOCIETY AND SOUTHERN RAILWAY FOR THE UP KEEPING OF ERNAKULAM JUNCTION (SOUTH)RAILWAY STATION. EXHIBIT-P7: TRUE COPY OF THE LETTER DATED 13.10.2011 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT-P8: TRUE COPY OF THE AGREEMENT DATED 2.4.2011 EXHIBIT-P9: TRUE COPY OF THE AGREEMENT OF INLAND WATERWAYS AUTHORITY OF INDIA, DATED 22.10.2010 (True copy) P.A To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).27748/2011 .............................................. Dated this the 21st day of October, 2011 JUDGMENT Petitioner is a Society registered under the Societies Registration Act. It is stated that they are engaged in labour contract works at various places. The second respondent invited tenders for the job of Bird and Animal Scaring and Allied Services in the operation of area of Calicut International Airport. Ext.P10 is the notice inviting tenders. According to the petitioner, they satisfied the eligibility prescribed for the issuance of tender documents and submitted an application for that purpose. 2. It is stated that by Ext.P3, the petitioner was informed that there were two deficiencies in the documents submitted for issuing the tender documents. According to the petitioner the deficiencies were made up and Ext.P7 letter was also submitted. There were no reply to Ext.P7. In the meanwhile, the last date for issuance of tender documents expired on 14.10.2011 and the last date for receipt of tender documents is to expire on 27.10.2011. It is in these circumstances, the writ petition has been filed seeking a direction to the respondents to issue tender documents to the W.P.(C).27748/11 2 petitioner. 3. Heard the learned counsel for the petitioner and also the learned senior counsel appearing for the respondents. 4. Ext.P3 is the communication by which the petitioner was informed of the deficiencies in the request made by them. The deficiencies mentioned in Ext.P3 read thus:- “In the Completion / Performance Certificate, value of the contract is not mentioned. For the work for providing 'Security Personnel in Kerala Livestock Development Ltd.,' start and completion of the work and value is not mentioned.” 5. The case of the petitioner is that as can be seen from Ext.P4 certificate and Ext.P8 agreement, there are no deficiencies. It is also stated that the petitioner has submitted Ext.P7 explanation, as well. 6. Having regard to the contents of Ext.P3 communication and in the light of Exts.P4 and P8, I am inclined to think that without W.P.(C).27748/11 3 prejudice to the right of the respondents to assess the eligibility of the petitioner, petitioner should be issued tender documents enabling the Society to submit its tender in response to Exts.P1 and P2 notices inviting tenders. 7. Therefore, I dispose of this writ petition directing that on the production of a copy of this judgment, the second respondent will issue tender documents to the petitioner and if the petitioner submits the tender within the time specified for such purpose, the same will be considered, subject to the satisfaction of the eligibility norms. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs