IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 14612 of 2011(B) -------------------------- PETITIONERS: --------------- 1. M/S.K.RAVINDRAN GOVERNMENT CONTRACTOR, K.R.COMPLEX,6/348 YMCA ROAD KOZHIKKODE 673 001, REP BY ITS MANAGING PARTNER V.RAJEENDRANATH, NATH CHEVARAMBALAM PO, KOZHIKKODE 673 017. 2. V.RAJEENDRANATH, GOVERNMENT CONTRACTOR “ NATH”, CHEVARAMBALAM PO, KOZHIKKODE 673 O17. BY ADV. MR. K.BABU THOMAS MS. MARYKUTTY BABU RESPONDENTS: --------------- 1. STATE OF KERALA, REP BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT SECRETARIAT, TRIVANDRUM 695 001. 2. THE CHIEF ENGINEER, NATIONAL HIGHWAY PUBLIC OFFICE BUILDINGS, TRIVANDRUM 695 002 & CHAIRMAN OF THE TECHNICAL EVALUATION AND TENDER COMMITTEE. 3. THE REGIONAL OFFICER, NATIONAL HIGHWAY GOVERNMENT OF INDIA, MINISTRY OF MORTH PUBLIC OFFICE BUILDINGS, TRIVANDRUM 695 002. 4. THE SUPERITENDING ENGINEER NATIONAL HIGHWAY (NORTH CIRCLE), KOZHIKKODE 673 001 . BY SENIOR GOVERNMENT PLEADER MR. MATHEW GEORGE VADAKKAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 14612 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF TENDER NOTICE FOR THE WORK EXT. P2 : TRUE COPY OF CIRCULAR - PROCEDURE FOR PRE- QUALIFICATION EXT. P3 : TRUE COPY OF RELEVANT PORTION OF TENDER DOCUMENTS. EXT. P3(a) : TRUE COPY OF EXPERIENCE CERTIFICATE FOR RS. 7,05,02,603/- EXT. P3 (b) : TRUE COPY OF EXPERIENCE CERTIFICATE FOR RS. 5,49,62,000/- EXT. P3(c) : TRUE COPY OF THE BID CAPACITY OF RS. 2,866.64 LAKHS EXT. P4 : TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF THE MEETING OF THE COMMITTEE. EXT. P5 : TRUE COPY OF LETTER SEEKING EXTENTION OF FIRM PERIOD EXT. P6 : TRUE COPY OF LETTER EXTENDING THE FIRM PERIOD EXT. P7 : TRUE COPY OF REPRESENTATION OF THE FIRST PETITIONER FOR RE-VALUATION OF THE BID CAPACITY FOR PRE-QUALIFICATION. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14612 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. issue a writ of certiorari, or any appropriate writ, or order, or direction, to the respondents calling for the records of the case leading up to Ext. P7 and to quash Ext. P4 to the extent of denial of pre-qualification to the first petitioner. ii. issue a writ of mandamus or any other appropriate writ or order or direction to the respondents 2 to 4 to forthwith consider and pass orders on Ext. P7 for re-evaluating the eligibility qualifications of the first petitioner for pre- qualification in accordance with the mandatory procedure stipulated in Ext. P2 based on the bid capacity of Rs. 2,866.64 lakhs in Ext. P3 © or revised bid capacity of Rs. 2070.64 lakhs as on 16.05.2011 in Ext. P7 as against Rs. 1,838 lakhs required for item 3 of the work in Ext. P1, to open its financial bid for award of contract for the work. iii. declare that the respondents are bound to grant pre- qualification to the 1st petitioner for opening of its financial bid for item 3 of the work in Ext. P1 in view of its bid capacity of Rs. 2866.64 lakhs in Ext. P3 © as stipulated in Ext. P2 and that consideration of documents not included in the technical bid submitted behind the back without notice and affording of an opportunity of being heard and denial of W.P. (C) No. 14612 of 2011 : 2 : pre-qualification is unauthorized, illegal without jurisdiction and is in violation of the principles of natural justice and therefore Ext. P4 is invalid and null and void ab initio to that extent. iv. issue a writ of prohibition or any other appropriate writ or order or direction to the respondent interdicting them from all further proceedings for opening of the financial bids for item3 of the work in Ext. P1 until the eligibility qualifications of the first petitioner are re-evaluated as sought in Ext. P7 for grant of pre-qualification in accordance with the mandatory procedure stipulated in Ext. P2 and opening of its financial bid for consideration for award of contract for the work and v. grant such other relief this Hon. Court may deem prper, just and necessary in the peculiar facts and circumstances of the case, including cost incurred by the petitioners in these proceedings. 2. When the matter is taken up for consideration today, the learned Government Pleader with reference to the communication bearing No. F1-1183/2011 of the 4th respondent, submits that, the work itself has been 'de-sanctioned' and new estimate has been prepared for approval and that further steps are being pursued in this regard. W.P. (C) No. 14612 of 2011 : 3 : In the above circumstances, the matter has virtually become infructuous. Submission made by the learned Government Pleader as above is recorded. The Writ Petition is disposed of accordingly. Sd/ P. R. RAMACHANDRA MENON, JUDGE kmd