IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 35652 of 2008(T) ----------------------------------------- PETITIONER(S): -------------------------- A.DOMINIC CONTRACTOR, OLIKKAL HOUSE, GREEN PARK, THODUPUZHA. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------------------- 1. KERALA WATER AUTHORITY REP.BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM. 2. THE CHEIF ENGINEER, KERALA WATER AUTHORITY MALAPARAMBA, KOZHIKODE. 3. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, KOZHIKODE, PIN 673 009. ADV. SRI. M.DINESH, SC, KWA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------- WP(C).NO. 35652 of 2008 --------------------------------- Dated this the 11th day of December, 2008. JUDGMENT The petitioner submitted a tender pursuant to the notification issued by the Kerala Water Authority, for the construction of 2.50 MLD output capacity water treatment plant at Kamblakkad under the Accelerated Rural Water Supply Scheme to Kaniyambetta Village in Wayanad District. The petitioner quoted an amount of Rs.1,47,00,000/-. While giving the amount in figures, he wrote it as one crore and forty seven thousand. Realising the mistake, he approached the Water Authority either for permission to correct the same or for rejecting the tender as defective. The writ petition has been filed seeking a direction to the respondents to consider the petitioner's request. 2. Learned counsel for the Water Authority on instructions submits that the Water Authority considers what is expressed in figures and not in words. That the petitioner submitted by the tender is liable to be rejected and the EMD is also liable to be WPC. 35652/2008 2 forfeited. In my view it is up to the respondents to take a decision as contemplated by the tender conditions. They may therefore issue a reply to the petitioner on Ext.P2 and proceed in accordance with law thereafter. If the petitioner is aggrieved by the decision taken by the Water authority, he is entitled to challenge the same. The writ petition is disposed of as above. V. GIRI, JUDGE. Pmn/ WPC. 35652/2008 3