IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 16167 of 2009(M) --------------------------------------- PETITIONER(S): --------------------- ASOKAN.T, S/O. KUNHIKANDAN, AGED 54 YEARS, RESIDING IN PATTALIL HOUSE, CHELAVOOR.P.O, KOZHIKODE. BY ADV. MR.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PWD ROADS & BRIDGES NORTH CIRCLE, KOZHIKODE. 3. THE CHIEF ENGINEER, PWD ROADS AND BRIDGES, THIRUVANANTHAPURAM. * ADDL. R4 IMPLEADED ADDL.R4: THE PUNJAB NTIONAL BANK, BANK ROAD BRANCH, KOZHIKODE, REPRESENTED BY ITS SENIOR MANAGER. * ADDL. R4 IS IMPLEADED AS PER I.A.7072/2009 ORDER DATED 19/06/2009. R1 TO R3 BY GOVERNMENT PLEADER MR.M.A. ASIF. ADDL. R4 BY ADV. MR.P.K.SURESH KUMAR, MR.P.JAYALAKSHMI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2009, ALONG WITH WPC NO. 13492 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16167/2009-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 06/05/2009. EXT.P2: COPY OF THE SHOW CAUSE NOTICE DATED 04/05/2009. EXT.P3: COPY OF THE MINUTES OF THE MEETING OF THE CHIEF ENGINEER'S COMMITTEE DATED 17/03/2009. EXT.P4: COPY OF THE CLARIFICATORY LETTER FROM THE SENIOR MANAGER PNB TO THE 2ND RESPONDENT DATED 15/05/2009. EXT.P5: COPY OF THE REPLY TO EXT.P2 SHOW CAUSE NOTICE DATED 16/05/2009. EXT.P6: COPY OF THE FORWARDING LETTER DATED 18/05/2009. EXT.P7: COPY OF THE PREQUALIFICATION CUM TENDER NOTICE NO.13/2009. EXT.P8: COPY OF THE LETTER OF REQUEST DATED 06/06/2009. EXT.P9: COPY OF THE REPLY DATED 08/06/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. V.GIRI , J. ------------------------------------------------- W.P.(C)No.16167 of 2009 ------------------------------------------------- Dated this the 14th day of July, 2009. JUDGMENT Two issues were challenged in the writ petition; one relates to the black listing of the petitioner, the contractor, allegedly on the premise that the letter furnished by the bank and produced by him was suspected to be bogus. Pursuant to an interim order passed by this court, the aspect was reconsidered by the respondents. This court, taking note of the assurance of the bank that the letter is genuine, directed the Assistant Engineer and the Superintending Engineer to issue the tender forms to the petitioner and to accept the same when submitted by the petitioner. 2. The second aspect relates to the consideration of the tender forms submitted by the petitioner. The refusal to consider the petitioner's tender earlier was on account of the W.P.(C)No.16167 of 2009 :: 2 :: proposal to black list the petitioner. The petitioner's tender shall also be considered in accordance with the tender conditions and in accordance with law. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//