IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 14743 of 2008(E) ---------------------------------- PETITIONER: PETITIONER --------------------------------------- A.M.M.CHARITABLE SOCIETY,REP.BY ITS PRESIDENT A.EBRAHIMKUTTY,AGED 40, S/O.ABOOBACKER KUNJU,HAVING ITS REGISTERED OFFICE AT KUTTIPPURAM,THODIYOOR,S.R.P.MARKET P.O., KARUNAGAPPALLY,KOLLAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: RESPONDENTS ------------------------ 1. THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. TEXT BOOKS OFFICER, PADMAVILAS FORT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI N.R. SABU, FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14743 of 2008(E) -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 - TRUE COPY OF CERTIFICATE ISSUED BY DISTRICT REGISTRAR DATED 26.12.2007. EXT.P2 - TRUE COPY OF GUIDE LINE FOR SUBMITTING TENDER. EXT.P3 - TRUE COPY OF DEMAND DRAFT. EXT.P4 - TRUE COPY OF TENDER FORM ISSUED TO THE PETITIONER 1-4-08. EXT.P5 - TRUE COPY OF AGREEMENT DATED 1-4-2008. EXT.P6 - TRUE COPY OF COMMUNICATION DATED 5-5-2008 OF 1ST RESPONDENT. EXT.P7 - TRUE COPY OF THE TREATMENT CERTIFICATE DATED 25.5.2008. EXT.P8 - TRUE COPY OF THE REPRESENTATION DATED 11.6.2008. RESPONDENT'S EXHIBIT: EXT.R3(a) - A TRUE COPY OF NOTIFICATION NO.A4/1414/07TBO DATED 12.03.2008. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No. 14743 of 2008 ================== Dated this the 22nd day of July, 2008. J U D G M E N T The petitioner submitted a tender for disposal of obsolete text books pursuant to notification inviting tenders issued by the respondents. The petitioner submitted a tender quoting the rate of 10% above the highest tender. The petitioner filed this writ petition challenging the delay in finalising of the contract. Now the petitioner submits that the contract has been awarded to one of the tenderers which according to the petitioner, would cause heavy loss to the Government in so far as the petitioner is prepared to take the books at 10% above the highest tender. The petitioner, therefore, seeks the following relief: “(i) To issue a writ of Mandamus or any other appropriate writ, direction or order directing Respondents to finalise the contract for disposal of absolete text books in favour of the petitioner and to execute the agreement within such time fixed by this Hon'ble Court.” 2. The 3rd respondent has filed a statement in which W.P(C)No. 14743 of 2008 - 2 - she submits that as per Ext.R3(a) notice inviting tenders, the tenderers were specifically directed to quote their rate per kilogram. According to the 3rd respondent, the petitioner has not submitted his tender in accordance with the notification inviting tenders quoting the rate per kilogram. The petitioner simply submitted a tender quoting 10% above the highest tender. According to the 3rd respondent, since the tender is not in accordance with the terms of Ext.R3(a) notification, the petitioner's tender cannot be considered. 3. The learned Counsel for the petitioner would contend that even if the petitioner's tender cannot be accepted, since the award of the tender to the 2nd highest tenderer would cause heavy loss to the Government negotiations shall be conducted among the tenderers. 4. After hearing, I am not inclined to entertain this writ petition. Admittedly the petitioner has not submited tenders as per Ext.R3(a) notification inviting tenders. W.P(C)No. 14743 of 2008 - 3 - Therefore, the petitioners tender cannot be considered. As such this writ petition is liable to be dismissed. If the petitioner is concerned about public interest he has to file a public interest litigation in the matter. Such contention cannot be considered in this writ petition which has been filed only as a private interest litigation. In the above circumstances, this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs