IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WA.No. 2829 of 2007 ----------------------------------- AGAINST THE JUDGMENT IN WPC.20863/2007 Dated 26/09/2007 .................... APPELLANT: RESPONDENTS 1 TO 3: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PWD, NATIONAL HIGHWAYS, PUBLIC OFFICE BUILDING, OPPOSITE MUSEUM, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, PWD, N.H.CENTRAL CIRCLE, VYTTILA, KOCHI-682019. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. RESPONDENTS: PETITIONER & 4TH RESPONDENT& ADDL.RESPONDENTS: ----------------------------------------------------------------------------------------------------------- 1. SPL.INFRASTURE PVT.LTD., ENGINEERING CONTRACTORS, R.C.NO.24, IST FLOOR, CRESCENT PARK STREET, T.NAGAR, CHENNAI, PIN-600017 (THROUGH ITS AUTHORIZED REPRESENTATIVE ABDUL FAIZY) 2. E.K.K.MUHAMMED, ENJAKUDY HOUSE, OKKAL P.O., PERUMBAVOOR, PIN-683 550. W.A.No.2829 of 2007 -2- ADDL. 3. NEMMARA GRAMA PANCHAYAT, NENMARA, PALAKKAD DISTRICT, REPRESENTED BY ITS SPECIAL GRADE SECRETARY. ADDL. 4. MUTHALAMADA GRAMA PANCHAYATH, PALAKKAD DISTRICT, REPRESENTED BY ITS SPECIAL GRADE SECRETARAY. ADDL. 5. ELAVANCHERY GRAMA PANCHAYATH, KARINGULAM, PALAKKAD DISTRICT, REPRESENTED BY ITS SPECIAL GRADE SECRETARY. ADDL. 6. NEMMARA BLOCK PANCHAYATH, NEMMARA, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, BLOCK DEVELOPMENT OFFICE. ADDL. 7. KOLLENGOD BLOCK PANCHAYATH, KOLLANGOD, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY, BLOCK DEVELOPMENT OFFICE. (ADDITIONAL RESPONDENTS 3 TO 7 WERE IMPLEADED AS PER ORDER ON I.A.NO.368/2008 DATED 10-4-2008) R1 BY ADV. SRI.RAJIV ABRAHAM GEORGE. SRI.EAPEN ABRAHAM GEORGE R2 BY SENIOR ADVOCATE SRI.R.D.SHENOY SRI.S.VINOD BHAT. R3 TO R7 ADV.SRI.P.V.SURENDRANATH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.2829 of 2007 ---------------------------------------------- Dated, this the 21st day of July, 2008 JUDGMENT A.K.Basheer, J. The State of Kerala and the officials in the Public Works Department, National Highways, have preferred this writ appeal impugning the order passed by the learned Single Judge holding that the decision taken by the appellants to pre-qualify additional respondent No.4 in the writ petition, (Respondent No.2 in this writ appeal) for the work under Ext.P1 was not valid or justified. 2. It is contended by the learned Government Pleader appearing for the appellants that the learned Judge was not justified in taking the above view in the facts and circumstances of the case. We are unable to agree. 3. The learned Judge after considering the entire aspects of the issue elaborately, has found that Ext R3(a) certificate produced by respondent No.2 herein was a false certificate. Respondent No.2 had obtained the said certificate from the Divisional Engineer, Highways, Thiruvarur, Madras. But in Ext.R3( c), Chief Engineer (Works), W.A.No.2829/2007 -2- Tamil Nadu Road Sector Project had clarified that respondent No.2 had only carried out the work under the contractor on the strength of a Power of Attorney executed in his favour. Obviously, therefore no reliance could have been placed on that certificate to pre-qualify respondent No.2. 4. Significantly, respondent No.2 has not chosen to challenge the above finding entered by the learned Judge against him. 5. Having considered the entire materials available on record, we have no hesitation to hold that the contentions raised by the officials in this writ appeal are totally misconceived and untenable. Therefore, the writ appeal is dismissed. It is made clear that it will be open to the appellants to take recourse to the alternate suggestion indicated by the learned Judge in para 28 of the judgment. 6. Consequently, I.A.No.68 of 2008 is closed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS