IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 33029 of 2006(F) -------------------------------------- PETITIONER(S): ---------------------- SALIL VARGHESE, MANJOORAN HOUSE, KOODAPUZHA P.O., CHALAKUDY-680 307. BY ADVS. SRI.SHEEJO CHACKO SRI.PRASANTH K.DIVAKARAN SRI.M.N.MANOJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO WATER RESOURCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, TRIVANDRUM. 3. CHIEF ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 4. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, TRICHUR. R1 BY ADV.SRI.NOBLE MATHEW, GOVT. PLEADER R2 TO R4 BY ADV. SMT.AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 33029 of 2006(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - COPY OF THE AUTHORISATION LETTER ISSUED TO THE PETITIONER IN RESPECT OF TENDER NO.13/SE/PH/TSR/2006-07 DATED 10.11.2006. EXT.P2 - COPY OF THE AUTHORISATION LETTER ISSUED TO PETITIONER FOR TENDER NO.14/SE/PH/TSR/2006-07 DATED 10.11.2006. EXT.P3 - COPY OF THE TENDER NOTICE NO.13/SE/PH/TSR/2006-07 EXT.P4 - COPY OF THE TENDER NOTICE NO.14 DATED 27.10.2006. EXT.P5 - THE TENDER CONDITIONS CONTAINED IN SCHEDULE OF TENDER NO.13 EXT.P6 - THE TENDER CONDITIONS CONTAINED IN SCHEDULE OF TENDER NO.14. EXT.P7 - THE CERTIFICATE DATED 05.07.2005 ISSUED BY DEVELOPMENTAL ENGINEER, WATER SUPPLY PROJECT PUNE MUNICIPAL CORPORATION. EXT.P8 - THE CERTIFICATE DATED 06.01.1998 ISSUED BY THE SUPERINTENDING ENGINEER OF MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION. EXT.P9 - THE CERTIFICATE DATED 30.07.2004 ISSUED BY MAHARASHTRA JEEVAN PRADHIKARAN. EXT.P.10 - THE LIST OF THE CLIENTS USING DELTA HAMMER CONTROL DEVICES/SURGE ANALSIS SERVICES. EXT.P.11 - COPY OF THE PRE-BID MEETING OF TENDER NO.13 AND 14. EXT.P.12 - COPY OF THE OBJECTION FILED BY THE PETITIONER ON 06.12.2006. RESPONDENT'S EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG S.SIRI JAGAN, J. ================== W.P.(C).No. 33029 of 2006 ================== Dated this the 6th day of December, 2011 J U D G M E N T The Kerala Water Authority invited tenders for incorporating zero velocity valves in the water supply systems proposed to be established by the Water Authority. Tenders were invited. But, by Ext.P11, a tender condition to the effect that experience in similar project means that it should be water supply scheme of the Kerala Water Authority, was included. The petitioner, who is a prospective tenderer, is challenging that tender condition in this writ petition. At the time of admission of this writ petition, this Court granted an interim stay of operation of the said condition directing the respondents to permit the petitioner to participate in Exts.P3 and P4 tenders pending disposal of the writ petition. That was in 2006. The learned Standing Counsel for the Water Authority and the learned Government Pleader submit that the Water Authority has already commissioned the water supply schemes without the zero velocity valves, for which, tenders were invited and, therefore, at present there is no necessity for continuing with the tender proceedings. It is also submitted that if and when fresh tenders are invited, if the Water Authority still needs incorporating zero velocity valves, the issue raised by the petitioner would be appropriately considered. This is recorded and the writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge