IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WA.No. 149 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37432/2010 Dated 22/12/2010 .................... APPELLANT(S): WRIT PETITIONER ----------------------------- SHIBU ZACHARIAH, S/O.LATE K.V.ZACHARIA, AGED 43 YEARS, KOTTAVIRUTHIL, THALAVADY P.O. PIN - 689572. BY ADV. SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENT(S): RESPONDENTS IN WP -------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRTARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN 695033, REP.BY ITS MANAGING DIRECTOR. 3. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, KOLLAM - 696002. R1 BY G.P. SMT. K. MEERA R2 AND R3 BY SC SRI. M. DINESH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W.A. No. 149 of 2011 -------------------------------------------- Dated this the 2nd day of February, 2011 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant, Government Pleader and standing counsel appearing for the Kerala Water Authority. After hearing all sides, what we find is that appellant wants to get the contract awarded to him with price variation clause. The Water Authority insisted that appellant should remove the condition on price variation, if the contract is to be awarded to the appellant. We are in complete agreement with the view taken by the Water Authority because if price variation is agreed upon there is bound to be dispute leading to unnecessary litigation. In other words, the contract if at all possible should be awarded by fixing the contract price on a fixed basis whatever be the increase allowed from the PAC. Since appellant was considered fit and eligible, we feel appellant could be given one more opportunity to agree for removal of price variation clause and accept the offer made by the Water Authority. If appellant gives confirmation 2 within a period of one week from the date of receipt of a copy of this judgment, the Water Authority will award the contract to the appellant or otherwise Water Authority is free to retender the same. W.A. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk 3