IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 11831 of 2008(H) ----------------------------------------- PETITIONER(S): ------------------------ SOUTH INDIAN CONSTRUCTIONS HAVING OFFICE AT VAVVAKKAVU, KARUNAGAPPALLY, KOLLAM REP, BY ITS PROPRIETOR R.VINOD KUMAR, (A CLASS LICENCEE BEARING NO BSC/E1/07-08)OF KERALA PUBLIC WORKS DEPARTMENT, S/O.RAGHAVAN,AGED 35 YEARS, RESIDING AT KOCHUPARAYATTU HOUSE, VAVVAKKAVU P.O, KARUG\NAGAPPALLY, KOLLAM DISTRICT. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.T.S.SHYAM PRASANTH. RESPONDENT(S): -------------------------- 1. KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR HAVING OFFICE AT CHANDRASEKHARAN NAIR STADIUM COMPLEX, PALAYAM, THIRUVANTHAPURAM. 2. CHIEF ENGINEER, KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION HAVING OFFICE AT CHANDRASEKHARAN NAIR STADIUM COMPLEX, PALAYAM, THIRUVANANTHAPURAM. 3. C.S.RAJAGOPAL, CONTRACTOR. *ADDL.R4 IS IMPLEADED: R4. KERALA MINERALS AND METALS LTD., SANKRAMANGALAM, CHAVARA, KOLLAM - 691 583 REPRESENTED BY ITS MANAGING DIRECTOR. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 7/07/2008 IN I.A.NO.8589/2008) R1 & R2 BY ADV. MR.G.S.REGHUNATH R3 BY ADV. MR.K.L.VARGHESE, SMT.SANTHA VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11831/2008 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LICENCE OF THE PETITIONER. P2: COPY OF NOTIFICATION BEARING NO.NIT NO.KPHC.31/2007-08 DTD. 03/03/2008. P3: COPY OF RECEIPT. P4: COPY OF DEMAND DRAFT DTD. 31/03/2008 FOR RS.50000/- BEARING NO.016326 DRAWN AT SBT VELLAYAMBALAM. P5: COPY OF WORK COMPLETION CERTIFICATE OF THE PETITIONER. P6: COPY OF WORK COMPLETION CERTIFICATE OF THE PETITIONER. P7: COPY OF WORK COMPLETION CERTIFICATE OF THE PETITIONER. P8: COPY OF PAN CARD BEARING NO.ADQPR7821 R. P9: COPY OF PROVIDENT FUND CARD. P10: COPY OF SALES TAX CERTIFICATE. P11: COPY OF COMPLAINT GIVEN TO 1ST RESPONDENT DTD.01/04/2008. P12: COPY OF REPRESENTATION GIVEN TO MINISTER FOR HOME DTD. 02/04/2008. P13: COPY OF THE NOTIFICATION NIT NO.KPHCC.32/2007-08 DTD.3/3/08 PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 5/03/08. P14: COPY OF THE NOTIFICATION BEARING NO.NIT NO.KPHCC.02/2008-09 DTD. 10/04/08 PUBLISHED IN KERALA KAUMUDI DAILY DTD.11/04/08. P15: COPY OF THE NOTIFICATION BEARING NO.NIT NO.KPHCC.34/3007-08 DTD. 28/03/08 PUBLISHED IN KERALA KAUMUDI DAILY DTD.5/04/08. P16: COPY OF THE REPORT SUBMITTED BYTHE TECHNICAL COMMITTEE VIDE ORDER DTD. 7/04/08 OF THE MANAGING DIRECTOR,KPHCC. P17: COPY OF THE NEWS REPORT WHICH APPEARED IN KERALA KAUMUDI DAILY DTD. 5/11/2000. P18: COPY OF MINUTES OF THE OCHIRA TEMPLE MANAGING COMMITTEE DTD. 29/12/2000. P19: COPY OF THE PHOTOGRAPHS WHICH SHOWING INCOMPLETE HOSPITAL COMPLEX. Kss ..2/- ...2.... WPC.NO.11831/2008 H P20: COPY OF THE CERTIFICATE ISSUED TO THE 3RD RESPONDENT BY THE SECRETARY OF OCHIRA TEMPLE ADMINISTRATION BOARD. P21: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 8/05/2008. P22: COPY OF JUDGMENT DTD.23/06/08 IN WPC,NO.16934/08 OF THIS HON'BLE COURT. P23: COPY OF COMMUNICATION NO.TP/P10/RIA/08 DTD.9/06/08 ISSUED BY KERALA MINIERALS AND METALS LTD. P24: COPY OF LETTER NO.BSC.E4-2595 DTD. 18/06/08 ISSUED BY THE SUPERINTENDING ENGINEER OF PWD TO THE CHIEF ENGINEER, BUILDINGS AND LOCAL WORKS, TVM. P25: COPY OF LETTER NO.KWA/JB/WS1/RIA/06 ISSUED BY THE KERALA WATER AUTHORITY TO ONE SHRI.RAVI MYNAGAPALLY ON 19/06/08. P26: COPY OF COMMUNICATION NO.DB2-1351/2008/KHRWS DTD.18/6/08 ISSUED BY THE KERALA HEALTH RESEARCH AND WELFARE SOCIETY. P27: COPY OF COMMUNICATION NO.K.P.H.C.C./F5/RTI ACT/05/08 DTD. 14/05/08 ISSUED BY THE 1ST RESPONDENT TO SHRI.RAVI MYNAGAPALLY. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE REPORT DTD. 8/04/2008 OF THE TECHNICAL COMMITTEE. R1(B): COPY OF THE LETTER DTD. 8/04/2008. R1(C): COPY OF THE ORDER NO.KPHCC/TST 1/62/20008 DTD.10/04/2008. R1(D): COPY OF THE WORK MEMO DTD.11/04/2008 ISSUED TO 3RD RESPONDENT. R1(E): COPY OF THE LETTER DTD. 9/04/2008. R1(F): COPY OF THE LETTER DTD.11/04/2008. R1(G): COPY OF THE REPLY. R1(H): COPY OF THE MINUTES DTD. 15/04/2005 3 PM. R1(I): COPY OF THE LETTER NO.KPHCC/TST1/62/08 DTD.16/06/2008 OF THIS RESPONDENT. R1(J): COPY OF THE LETTER NO.G.2008/38 DTD. 19/06/2008. Kss ..3/- ...3..... WPC.NO.11831/2008 H R1(K): COPY OF THE LETTER NO.1362 DTD. 9/06/2008 OF THE PUBLIC INFORMATION OFFICER, OFFICE OF THE CHIEF ENGINEER (GENERAL), TRAVANCORE DEVASWOM BOARD, TRIVANDRUM ADDRESSED TO THIS RESPONDENT. R3(A): COPY OF CERTIFICATE OF PAYMENT IN RESPECT OF KPHCC MULTISTORIED BUILDING D & G BLOCKS AT POLICE HEADQUARTERS AT TRIVANDRUM DTD. 16/06/2008. R3(B): COPY OF CERTIFICATE RELATING TO PAYMENT IN RESPECT OF RAILWAY PLATFORM MODIFICATION WORKS AT TRIVANDRUM DTD. 16/06/08. R3(C): COPY OF INVOICE-CUM-DELIVERY CHALAN NO.364 DTD.10/05/2008. R3(D): COPY OF INVOICE -CUM-DELIVERY CHALAN NO.365 DTD.10/05/2008. R3(E): COPY OF INVOICE-CUM-DELIVERY CHALAN NO.500 DTD.17/05/2008. R3(F): COPY OF INVOICE-CUM-DELIVERY CHALAN NO.501 DTD.17/05/2008. R3(G): COPY OF INVOICE-CUM-DELIVERY CHALAN NO.541 DTD. 20/05/2008. R3(H): COPY OF THE PROFORMA INVOICE DTD. 26/05/08 ISSUED BY SCHWING STETTER (INDIA) PVT.LTD. R3(I): COPY OF THE PROFORMA INVOICE ISSUED BY SCHWING STETTER (INDIA) PVT.LTD. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 11831 OF 2008 (H) ===================== Dated this the 7th day of September, 2009 J U D G M E N T The challenge in this writ petition is mainly against the award of work pursuant to Ext.P2 to the 3rd respondent. 2. Ext.P2 is a notice inviting tender issued by the 1st respondent, inviting tenders from A Class contractors, for the construction of the Plant Auxilliary building for Titanium Sponge Project at Chavara in Kerala State. 3. In so far as this writ petition is concerned, the petitioner disputes the prequalification of the 3rd respondent mainly on the ground that he did not satisfy the requirements specified in the following Clause of Ext.P2, which reads as under: 1. Construction of Plant Auxiliary Building for Titanium Sponge Project at Chavara, Kollam, Kerala State. PAC : Rs.22,92,20,397/- EMD : Rs.50,000/- Time of completion : 12 months Cost of Tender Forms : Rs.2000/- +VAT. Tender forms can be obtained from the undersigned office on all working days upto 12.00 Noon on 31.3.2008 on applying with Registration Certificate and Experience Certificate. The E.M.D. should be in the form of D.D. drawn in favour of the MD, KPHCC payable at Thiruvananthapuram. The tender without EMD in the prescribed form will be summarily rejected. WPC 11831/08 :2 : NB: 1) Tender forms will be issued to contractors, only if they produce documentary evidence for having executed at least major works having cost above Rs.10 crores during the last three years. 2) Permanent Account Number (PAN) of the contractor should be furnished in the tender. 3) The rate quoted shall be inclusive of Service Tax, if any and no separate service tax will be borne by KPHCC. 4) As far as possible, the Contractor must be present at the time of opening of the tender such as to facilitate negotiation with us and to issue work order on the same day itself. 4. Petitioner contends that the purport of the aforesaid provision is that the tenderers should have completed atleast one major work having cost above Rs.10 crores during the last three years. According to respondents 1 and 2, what they intended and meant by the aforesaid provision was that only A class contractors, who have undertaken major works, the total cost of which is above Rs.10 crores and executed during the last three years before Ext.P2, are eligible to submit tenders. 5. On a reading of Clause 1 of Ext.P2, which is extracted above, it is evident that there is no express specification that atleast one work executed should be of the value as specified. If that be the purport of the provision, it cannot be said that the WPC 11831/08 :3 : manner in which the said provision was understood and implemented by respondents 1 and 2 is a perverse or arbitrary one, warranting interference by this Court. If that be so, I do not see any good ground to interfere with the decision particularly at this late distance of time when substantial portion of the work, according to respondents 1 to 3, have already been executed by the 3rd respondent, who was awarded the tender. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp