Kerala High Court Candela Engineering Corporation vs Corporation Of Thrissur on 4 December, 2020 WP(C).No.18809 OF 2020(A) 1 PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942 WP(C).No.18809 OF 2020(A) PETITIONER/S: CANDELA ENGINEERING CORPORATION DOOR NO.3/246,MANIYATTU BUILDING, KURUPPAMPADY P.O., PERUMBAVOOR 683 545,REP BY ITS MANAGING PARTNER, ANOOP K.MATHAV BY ADV. SRI.H.RAMANAN RESPONDENT/S: 1 CORPORATION OF THRISSUR MUNICIPAL OFFICE ROAD, THEKKINKADU MAIDANAM, THRISSUR680 001 REP. BY SECRETARY 2 SECRETARY CORPORATION OF THRISSUR, MUNICIPAL OFFICE ROAD, THEKKINKADU MAIDANAM, THRISSUR680 001 3 EXECUTIVE ENGINEER, CORPORATION OF THRISSUR, MUNICIPAL OFFICE ROAD, THEKKINKADU MAIDANAM, THRISSUR680 001 4 M/S. BOSS LIGHTS MP XIX762, DOOR NO.3, SVJ COMPLEX, OPP MALAYANKEEZHU GRAMA PANCHAYAT, THIRUVANANTHAPURAM 695 034 5 DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM695 033 SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION ADV. SRI.D.KISHORE ADV. SRI.R.MURALEEKRISHNAN (MALAKKARA) GOVERNMENT PLEADER OTHER PRESENT: SMT.PRINCY XAVIER ,GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.11.2020, THE COURT ON 04.12.2020 DELIVERED THE FOLLOWING: WP(C).No.18809 OF 2020(A) 2 P.V.ASHA, J. W.P.(C) No.18809 of 2020 Dated this the 04th day of December, 2020 JUDGMENT The 1st respondent invited tenders for the work of "supply, installation, testing and commissioning of high mast poles and luminaires in all divisions of Thrissur Municipal Corporation" as per Ext.P1 notice (NIT) dated 21.07.2020. The date fixed for submission of bids was 30.07.2020 and the date fixed for opening of the bids was fixed as 03.08.2020. It is stated that petitioner had submitted its bid specifying the rates for each of the materials, the name of branded products to be used etc. in the BoQ and the total amount quoted was Rs.3,21,99,990/. There were 7 bids including that of petitioner. The 4 th respondent was the lowest bidder (L1) and petitioner was L2 as per Ext.P6 bid list. It is submitted that petitioner came to know that the 4th respondent had not remitted the EMD amount of Rs.1 lakh. Petitioner claims that 4th respondent's bid should have been rejected on that ground itself. It is further stated that 4th respondent had also not uploaded the bid documents required whereas petitioner had uploaded the same in time. On coming to know about this, petitioner submitted Ext.P7 letter requesting the Corporation Engineer to check the credentials of the 4th respondent and as to whether it had complied with the technical conditions. The petitioner had also submitted Ext.P8 WP(C).No.18809 OF 2020(A) 3 letter requesting to reject the tender submitted by the 4 th respondent. It is stated that the 4th respondent thereafter produced a certificate dated 29.06.2020 obtained from the District Industries Center to the effect that its unit is eligible to get exemption from furnishing EMD and availing tender forms free of cost. According to the petitioner, the said certificate is misleading and EMD exemption is not available except for the products manufactured by the unit. It is stated that for supplying branded items manufactured by other companies, the 4th respondent cannot be granted any exemption. Relying on Ext.P10 letter from the District Industries Centre, Thrissur, petitioner claims that EMD exemption is available only for own manufactured items. It is stated that after it received Ext.P10 clarification, petitioner submitted Ext.P11 representa