IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 12592 of 2007(Y) ----------------------------------------- PETITIONER: -------------------- JOHN K.J., S/O JOSEPH, 40/07 KITHAKACHALIL HOUSE, VIMALA NAGAR P.O, MANANTHAVADY TALUK. BY ADV. SRI.KRISHNA PRASAD. S SRI.SUJITH P.SURENDRAN RESPONDENTS: ------------------------- 1. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KALPETTA, KERALA STATE ELECTRICITY BOARD. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12592/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TENDER NOTICE DTD. 22/02/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE NOTICE DTD. 9/03/2007 ISSUED BY THE 1ST RESPONDENT EXTENDING THE TIME PERIOD FOR TENDER. EXT.P3: COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT DTD. 17/03/2007. EXT.P4: COPY OF THE POSTAL RECEIPT ISSUED FROM KALPETTA HEAD POST OFFICE DTD. 27/03/2007. EXT.P5: COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT DTD. 29/03/2007. EXT.P6: COPY OF THE RE-TENDER NOTICE DTD. 4/04/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE GOVERNMENT ORDER DTD. 1/04/2006, G.O.(P) NO. 18/2006/TRAN. PUBLISHED IN 6/04/2006 FIXING HIRE CHARGES FOR AUTORICKSHAWS AND MOTOR CABS, WHICH WAS PUBLISHED IN KERALA GAZETTE IN VOLUME NO.51 WITH NUMBER 522. EXT.P8: COPY OF THE NOTICE DTD. 16/07/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE TENDER NOTICE DTD. 16/07/2007 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF THE ORDER DTD. 01/03/2007. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.12592 of 2007 ------------------------- Dated this the 30th day of September, 2008. JUDGMENT Pursuant to a notification issued by the first respondent inviting competitive tenders for providing vehicles to the officials of the Electricity Board on a contract basis, the petitioner submitted a tender. Apparently, though the petitioner was the lowest tenderer then, the Board was not in a position to award the tender in his favour, because the amount quoted by the petitioner was even higher than the rate, which had been fixed by the Public Works Department in the Government. It seems that the circular issued by the Government and adopted by the Electricity Board, Ext.P7, provided that the Board shall not accept the rates higher than the rate, which was stipulated by the Government. There were two further tenders like this. On both the occasions, the petitioner was the lowest tenderer or the only tenderer. 2. The matter being so, a tender notice was issued for the 4th time on 16.7.2007. The petitioner did not participate in the tender and W.P.(C).NO.12592/07 :: 2 :: two other persons participated and rates quoted by both of them were lower than the rates stipulated by the Government. The Board, therefore, was desirous of proceeding to finalise the said tenders and accordingly an application has been filed as I.A.No.11900/08 seeking permission of this court to do so. 3. The writ petitioner has filed a counter affidavit to the said application pointing out that both the persons, who had participated on the latest occasions, have withdrawn their offers. One of them filed a case before the Consumer Disputes Redressal Forum also. If that be so, the only remedy available to the Board will be to either accept the quotation given by the petitioner or go for a fresh tender, as the case may be. In my view, if the two persons, who have quoted rates below the rates fixed by the Electricity Board still affirm their offers, then it is open to the Board to finalise the said tender. But then, the Board is bound to award the work to the lowest tenderer therein. If, as the writ petitioner contends, the W.P.(C).NO.12592/07 :: 3 :: aforementioned two persons have withdrawn, then fresh tenders may be invited, in which case, the petitioner shall be entitled to participate in the same. In the facts and circumstances, the petitioner may be permitted to participate on the strength of the Earnest Money Deposit, which has not been refunded to him, so far. The entire process, as outlined above, shall be completed within one month from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge