The Court dismissed the writ petition filed by South Indian Constructions challenging the work award to the third respondent. The Court held there was no arbitrary implementation of the prequalification clause and refused interference at this stage.
Writ petition dismissed with no interference in the award of work.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931
WP(C).No. 11831 of 2008(H)
----------------------------------------PETITIONER(S):
-----------------------SOUTH INDIAN CONSTRUCTIONS HAVING OFFICE AT VAVVAKKAVU, KARUNAGAPPALLY, KOLLAM REP, BY ITS PROPRIETOR R.VINOD KUMAR, (A CLASS LICENCEE BEARING NO BSC/E1/07-08)OF KERALA PUBLIC WORKS DEPARTMENT, S/O.RAGHAVAN,AGED 35 YEARS, RESIDING AT KOCHUPARAYATTU HOUSE, VAVVAKKAVU P.O, KARUG\NAGAPPALLY, KOLLAM DISTRICT.
BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE MR.K.JAJU BABU,
SMT.M.U.VIJAYALAKSHMI, MR.T.S.SHYAM PRASANTH .
RESPONDENT(S):
--------------------------
1. KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR HAVING OFFICE AT CHANDRASEKHARAN NAIR STADIUM COMPLEX, PALAYAM, THIRUVANTHAPURAM.
2. CHIEF ENGINEER, KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION HAVING OFFICE AT CHANDRASEKHARAN NAIR STADIUM COMPLEX, PALAYAM, THIRUVANANTHAPURAM.
3. C.S.RAJAGOPAL, CONTRACTOR.
*ADDL.R4 IS IMPLEADED:
R4. KERALA MINERALS AND METALS LTD., SANKRAMANGALAM, CHAVARA, KOLLAM - 691 583 REPRESENTED BY ITS MANAGING DIRECTOR.
R1 & R2 BY ADV. MR.G.S.REGHUNATH R3 BY ADV. MR.K.L.VARGHESE, SMT.SANTHA VARGHESE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC.NO.11831/2008 H
APPENDIX
PETITIONER'S EXHIBITS:
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WPC.NO.11831/2008 H
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WPC.NO.11831/2008 H
/TRUE COPY/
P.A.TO JUDGE
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ANTONY DOMINIC, J. ================ W.P.(C) NO. 11831 OF 2008 (H)
=====================
Dated this the 7th day of September, 2009
J U D G M E N T
The challenge in this writ petition is mainly against the award of work pursuant to Ext.P2 to the 3rd respondent.
respondent, inviting tenders from A Class contractors, for the construction of the Plant Auxilliary building for Titanium Sponge Project at Chavara in Kerala State.
specified in the following Clause of Ext.P2, which reads as under:
| PAC | : Rs.22,92,20,397/- |
|---|---|
| EMD | : Rs.50,000/- |
| Time of completion | : 12 months |
| Cost of Tender Forms | : Rs.2000/- +VAT. |
Tender forms can be obtained from the undersigned office on all working days upto 12.00 Noon on 31.3.2008 on applying with Registration Certificate and Experience Certificate. The E.M.D. should be in the form of D.D. drawn in favour of the MD, KPHCC payable at Thiruvananthapuram. The tender without EMD in the prescribed form will be summarily rejected.
WPC 11831/08
:2 :
NB:
provision is that the tenderers should have completed atleast one major work having cost above Rs.10 crores during the last three years. According to respondents 1 and 2, what they intended and meant by the aforesaid provision was that only A class contractors, who have undertaken major works, the total cost of which is above Rs.10 crores and executed during the last three years before Ext.P2, are eligible to submit tenders.
WPC 11831/08
:3 :
manner in which the said provision was understood and implemented by respondents 1 and 2 is a perverse or arbitrary one, warranting interference by this Court. If that be so, I do not see any good ground to interfere with the decision particularly at this late distance of time when substantial portion of the work, according to respondents 1 to 3, have already been executed by the 3rd respondent, who was awarded the tender.
Writ petition fails and is dismissed.
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether to interfere with the auction award of work to the third respondent on the ground that it did not satisfy the prequalification requirements regarding past work experience.
Whether the understanding and implementation of Clause 1 of the tender notice by the respondents was perverse or arbitrary warranting judicial interference.
South Indian Constructions
Kerala Police Housing and Construction Corporation
Chief Engineer Kerala Police Housing and Construction Corporation
C.S. Rajagopal
Anton Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
