IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17206 of 2011(A) ----------------------------------------- PETITIONER(S): ------------------------- V.MUHAMMED BASHEER, PWD CONTRACTOR, SHAJI QUARTERS, P.O.KARAVUNTHURUTHI, FEROKE, KOZHIKODE DISTRICT. BY ADVS. SRI.K.M.FIROZ, SMT.M.SHAJNA. RESPONDENT(S): ---------------------------- 1. THE AIRPORTS AUTHORITY OF INDIA, CALICUT INTERNATIONAL AIRPORT, CALICUT AIRPORT P.O., KERALA - 673 647. 2. SENIOR MANAGER-ENGG. (C) - I, AII, CALICUT INTERNATIONAL AIRPORT, KERALA CALICUT AIRPORT P.O., KERALA - 673 647. 3. P.S.DEVAKUMAR, SENIOR MANAGER-ENGG. (C) - I, AII, CALICUT INTERNATIONAL AIRPORT, KERALA CALICUT AIRPORT P.O., KERALA - 673 647. 4. SULPHIKAR P.K., AGED 48 YEARS, KOLATHIKKAL HOUSE, KOIPARAMBA, AREEKODE, MALAPPURAM DISTRICT - 673 639. BY ADV. SRI. S. SUJIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17206/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TENDER NOTICE DTD. 21/04/2011. P2: COPY OF THE DEMAND DRAFT OF HDFC BANK DTD. 13/05/2011 AND 16/05/2011 SUBMITTED BY THE PETITIONER ALONG WITH THE TENDER APPLICATION. P3: COPY OF THE EXPERIENCE CERTIFICATES OF THE PETITIONER COMPANY DTD. 24/08/2009. P4: COPY OF THE EXPERIENCE CERTIFICATES OF THE PETITIONER COMPANY DTD. 8/06/2009. P5: COPY OF THE EXPERIENCE CERTIFICATES OF THE PETITIONER COMPANY DTD. 30/10/2000. P6: COPY OF THE EXPERIENCE CERTIFICATES OF THE PETITIONER COMPANY DTD. 1/1/2003. P7: COPY OF THE EXPERIENCE CERTIFICATES OF THE PETITIONER COMPANY DTD. 26/04/2010. P8: COPY OF THE LETTER DTD. 15/09/1995 ISSUED BY THE EXECUTIVE ENGINEER, AIRPORT AUTHORITY OF INDIA. P9: COPY OF THE PRE-DATED LETTER DTD. 4/06/2011 TO THE PETITIONER. P10: COPY OF THE PRE-DATED LETTER DTD. 4/06/2011 TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------------------------------- W.P.(C) No. 17206 of 2011- A ----------------------------------------------------------------------- Dated this 27th day of June, 2011 J U D G M E N T The respondents issued Ext.P1 tender notice inviting tenders for the works mentioned therein. The petitioner submits that he had applied for the issuance of tender documents and that by Exts.P9 and P10 his request was rejected stating that the petitioner did not fulfill the eligibility criteria specified in the tender notice. Challenging Exts.P9 and P10, this writ petition is filed. 2. The petitioner submits that he wanted to submit tender in respect of item Nos. 3 and 5 of Ext.P1 tender notice. Ext.P1 specified that tender forms will be issued to those contractors who produce certificate from clients of having satisfactorily completed similar nature of at least three works specified in the tender notice, during the last seven years ending on 31.3.2011. 3. In so far as the works notified in item Nos. 3 and 5 are concerned, the expression ‘similar works’ is stated to mean pavement work (concrete work). Exts.P3 to P8 are the certificates relied on by the petitioner to claim that he satisfied the eligibility criteria specified in the 2 W.P.(C)17206/2011 tender notice. A perusal of these documents would show that Exts.P5, P6 and P8 certificates were issued much earlier to the seven year period specified in the tender notice and therefore these certificates cannot be taken cognizance of. In so far as Exts.P3, P4 and P7 certificates are concerned, although the said certificates were issued within the aforesaid 7 year period, the nature of the work executed by the petitioner and mentioned in the certificates, prima facie, do not appear to be pavement works (concrete works) as mentioned in Ext.P1. Therefore on the materials available, it cannot be said that the view taken in Exts.P9 and P10 are erroneous for any reason. 4. Therefore, I am not satisfied that the petitioner has made out a case to interfere. The writ petition fails and is dismissed. Sd/- ANTONY DOMINIC, JUDGE. rka 3 W.P.(C)17206/2011