IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 35647 of 2010(E) -------------------------------------- PETITIONER: ------------------- M/S.BHARATH STEEL AGENCIES, REPRESENTED BY ITS PARTNER, AFSAL.P.K., CHERUVANNUR, CALICUT-673 655. BY ADVS. SRI.V.V.SURENDRAN, SMT.RESMI NANDANAN. RESPONDENTS: ------------------------ 1. KERALA STATE TEXTILE CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, `ANNAPOORNA' T.C.9/2000-01, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. 2. THE MANAGING DIRECTOR, KERALA STATE TEXTILE CORPORATION LTD., `ANNAPOORNA' T.C.9/2000-01, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. 3. THE GENERAL MANAGER, MALABAR SPINNING AND WEAVING MILLS, THIRUVANNUR NADA, KOZHIKODE-673 029. BY ADV. SRI.P.K.VIJAYAMOHANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P (C) No.35647 of 2010 -------------------------- Dated this the 18th January, 2011 J U D G M E N T First respondent invited Ext.P1 tender for the sale of old mill buildings of the Malabar Spinning and Weaving Mills, Kozhikode. According to the petitioner they submitted their tender in response to Ext.P1. In terms of Ext.P1, tenders were to be opened and negotiations were to be held on the 16th November 2010. Petitioner states that on 16.11.2010 he was present at the office of the 1st respondent and that without any notice or intimation, opening of the tenders were postponed. It is stated that thereafter without any notice to the tenderers, tenders were opened on 25th November, 2010 and that negotiations were held and tender is going to be awarded to certain other persons in spite of the fact that petitioner's offer was the highest . It is with this allegation the writ petition is filed. 2. Respondents have filed a counter affidavit which shows that on 13th November 2010 itself by way of Annexure R1 (a) newspaper advertisement, 1st respondent W.P (C) No. 35647 of 2010 2 had notified that the opening of the tenders were postponed to 25th November 2010. Respondents also deny the allegation that petitioner was present in the office on 16.11.2010. It is stated that on 25th November, 2010 also, when the tenders were opened petitioner or their representatives were not present and on opening the tender according to the respondents, they made every endeavour to contact the petitioner by land phone and through mobile phone to which there was no response. It is stated that on account of the non availability and absence of the petitioner, they proceeded with negotiation with the remaining two highest bidders. It is stated that accordingly tender has been finalized and the same has been awarded accepting the highest bid of Rs.123 lakhs submitted by M/s. S.S Traders, Coimbatore. 3. From the facts stated above, it is evident that the tender opening was postponed only after publication of notice in the newspaper. In terms of the tender conditions, on opening the tender the 1st respondent was entitled to proceed with negotiation which it has done and the W.P (C) No. 35647 of 2010 3 exclusion of the petitioner was only due to their non- availability. Therefore respondents have not violated any of the tender conditions Thus on the materials available there is nothing vitiating the action of the respondents and for that reason, I am not in a position to accept the case of the petitioner. Writ petition fails and it is accordingly dismissed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 35647 of 2010 4