IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 16534 of 2008(R) -------------------------- PETITIONER: ------------ K.A.JELTON GOVT.CONTRACTOR, KIZHAKKEVEETTIL HOUSE, KANNAMALY PO. KOCHI.8 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------- 1. THE SUPPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE, THRISSUR 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ERNAKULAM 3. THE EXECUTIVE ENGINEER, IRRIGATION , SOUTH CIRCLE, THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER, IRRIGATION DIVISION, ALAPPUZHA BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16534 of 2008 ================== Dated this the 10th day of June, 2008 J U D G M E N T The petitioner is a Government contractor. He wants to participate in the tender proceedings floated pursuant to Exts.P1, P3 and P4. But he wants exemption from remitting EMD on the ground that an amount of Rs.12 lakhs is due to the petitioner from respondents 1 and 2 and an amount of Rs.5,50,000/- is due to the petitioner from respondents 3 and 4 towards payment of bills for already executed works and the EMD required for the works covered by Exts.P1, P3 and P4 has to be adjusted from the amounts due to the petitioner. According to the petitioner, similarly placed contractors have been given such benefit by this Court. The petitioner, therefore, seeks the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to participate in the 1st work notified in Ext.P1 and P3 and for the 1st and 3rd works notified in Ext.P4 without remitting EMD, but on condition to adjust the EMD from the admitted bill amount pending with the respondents. w.p.c.16534/08 2 ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st, 3rd and 4th respondents to consider and dispose of Ext.P2, P3(a) and P5 representations in the light of Ext.P6 to P8 judgments of this Hon'ble Court.” 2. The learned Government Pleader submits that exact amounts due to the petitioner could not be ascertained immediately. 3. In view of Exts.P6 to P8 judgments in similar writ petitions, if any amounts are actually due from the respondents to the petitioner, to that extent the respondents are bound to adjust the same against the EMD payable by the petitioner if he submits tenders pursuant to Exts.P1, P3 and P4. There would be a direction to that effect. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.16534/08 3