Petitioner, second lowest tenderer, sought direction to award work over a rejected lowest tenderer. Court held administration may decide on re-tendering rather than awarding to second lowest tenderer, dismissing petition.
Petition dismissed with direction to leave remedy open to participate in re-tender.
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 K.VINOD CHANDRAN
THURSDAY, THE 9TH DAY OF NOVEMBER 2017/18TH KARTHIKA, 1939
WP(C).No. 37720 of 2016 (L)
PETITIONER:
ABDUL MUJEEB. P., PALLAM HOUSE, KADMAT ISLAND, UNION TERRITORY OF LAKSHADWEEP.
BY ADVS.SRI.SAIBY JOSE KIDANGOOR, SRI.BENNY ANTONY PAREL, SMT.S.SIBHA, SRI.MATHEWS RAJU, SRI.P.M.MOHAMMED SALIH.
RESPONDENTS:
1. THE UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY ITS ADMINISTRATOR, KAVARATHI ISLANDS, UNION TERRITORY OF LAKSHADWEEP, PIN-682 552.
2. THE SUPERINTENDING ENGINEER, LAKSHADWEEP P.W.D. (L P W D), KAVARATHI, UNION TERRITORY OF LAKSHADWEEP-682 552.
3. THE EXECUTIVE ENGINEER, AMINI DIVISION, LAKSHADWEEP P.W.D, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 552.
4. FAISAL. A.K., S/O. MUTHUKOYA. B, AGED 36 YEARS, ALIKAKADE HOUSE, AMINI ISLANDS, UNION TERRITORY OF LAKSHADWEEP-682 552.
R1 TO R3 BY SRI.MANU.S, CGC. R4 BY ADV. SRI.BABU S. NAIR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 37720 of 2016 (L)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
===================== W.P.(C)No.37720 of 2016- L
========================== Dated this the 09th day of November, 2017
Judgment
The petitioner has filed the above writ petition,
seeking a direction to the respondents 1 to 3 to award the work, mentioned as serial No.6 in Ext.P4 notification to the petitioner; he being the sole qualified tenderer as per Exts.P4 and P6. The petitioner and the 4th respondent applied under a tender notification. The 4th respondent was the lowest tenderer and the petitioner; the second lowest. The petitioner's contention is that the 4th respondent was not qualified and despite that he was granted the tender.
2
W.P.(C) No.37720/2016
the judgment cited, both item Nos.5 and 6 were granted to the 4th respondent. The Lakshadweep Administration before the Court in W.P.(C) No.31492 of 2016 admitted that the 4th respondent, the petitioner therein was not qualified to get either of the work at item No.5 or Item No.6. However, by that time, item no.5 was almost completed. With respect to item No.6, it was submitted before Court that the same would be re-tendered. The Court recorded the submission of the administration and closed the writ petition, leaving open the remedy of the administration to re-tender.
3
W.P.(C) No.37720/2016
administration to decide whether a work need be granted to the second lowest tenderer or not. If the administration wants to go for a re-tender, the petitioner cannot raise any objection. The petitioner could only participate in the re-tender. There can be no contention that he being the second lowest tenderer, the work should be necessarily awarded to him.
The writ petition hence would stand dismissed, however, leaving open the remedy of the petitioner to participate in the re-tender. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/10/11/2017
// true copy //
P.A to Judge
2 issues framed by the court
Whether the second lowest tenderer can claim an award for the work given that the administration can decide to re-tender.
Whether the predicate decision granting work to a potentially unqualified lowest tenderer bars the second lowest tenderer's claim.
Colour shows how this judgement treated each authority
W.P.(C) No.31492 of 2016Referred¶37
ABDUL MUJEEB. P.
THE UNION TERRITORY OF LAKSHADWEEP
THE SUPERINTENDING ENGINEER, LAKSHADWEEP P.W.D.
THE EXECUTIVE ENGINEER, AMINI DIVISION, LAKSHADWEEP P.W.D
FAISAL. A.K.
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
