Allowed

Southern Dredging Company (P) Limited, v. State of Kerala

Kerala HC23 Oct 2020WP(C)/14038/2020

Case brief

AI extract

What is this about?

The High Court allowed the writ petition filed by Southern Dredging Company. The court held that a subsequent government order (Ext.P4) was prospective and did not affect the petitioner whose bid was opened prior to its issuance, ordering the respondents to issue a revised selection notice in line with the earlier order (Ext.P3).

What did the court decide?

The respondents directed to issue a revised selection notice in accordance with Ext.P3 order dated 10.01.2019.

Southern Dredging Company (P) Limited, Vs State of… — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942 WP(C).NO.14038 OF 2020(D)

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PETITIONER:

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SOUTHERN DREDGING COMPANY (P) LIMITED, FLAT NO. 905, PIONEER TOWERS, MARINE DRIVE, ERNAKULAM, KOCHI 682 031, REPRESENTED BY DIRECTOR BIJU NARAYANAN, AGED 48 YEARS, SON OF LATE MR. V A NARAYANAN, RESIDING AT SOUPARNIKA SIVA TEMPLE, ROAD, THOTTAKKATTUKARA P.O. ALUVA , 683 108, KERALA.

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BY SOUTHERN DREDGING COMPANY (P) LIMITED,(PARTY IN PERSON)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT (NORTH CIRCLE), CAUVERY HOUSE, WEST HILLS, KOZHIKODE 673 005.

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3 ADDITIONAL CHIEF SECRETARY (FINANCE), FINANCE (INDUSTRIES AND PUBLIC WORKS-B), DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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OTHER PRESENT:

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SRI.BIJU NARAYANAN (PARTY IN PERSON), SMT.DIVYA.C.BALAN, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO.14038 OF 2020(D)

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J U D G M E N T

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Grievance of the petitioner, who is a contractor, is as against the action of the respondents in applying Ext.P4 order issued on 07.12.2019 based on which revised selection notice was

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issued to it demanding huge amount towards additional performance guarantee. Petitioner points out that pursuant to Ext.P2 notice inviting tenders the bids were opened on 04.12.2019 and therefore Ext.P4

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Government order issued on 07.12.2019 would not be applicable for calculation of additional performance

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guarantee, as the Government Order which was applicable at the relevant time was Ext.P3 dated 10.01.2019.

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Learned Government Pleader on instructions submits that Ext.P4 order issued on 07.12.2019 is having only prospective effect and therefore, it will

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WP(C).NO.14038 OF 2020(D)

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not affect the petitioner whose bid was opened on 04.12.2019.

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That being the case, the petitioner need not be aggrieved. The respondents have to issue a revised selection notice as in the case of the second selection notice issued on 21.02.2020 (Ext.P7).

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Respondents would be free to issue revised

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selection notice in accordance with Ext.P3 order.

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This writ petition is accordingly allowed.

Sd/-

P.V.ASHA, JUDGE

WP(C).NO.14038 OF 2020(D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	AUTHORIZATION LETTER AUTHORIZING BIJU NARAYANAN TO CONDUCT THE CASE.
EXHIBIT P2	TRUE COPY OF TENDER NOTICE NO. D1/TN- ET/2018-2019 DATED 18.11.2019.
EXHIBIT P3	TRUE COPY OF G.O. (P) NO. 1/2019/FIN DATED 10.01.2019.
EXHIBIT P4	TRUE COPY OF THE GO.(P) NO. 168/2019/FIN DATED 07.12.2019.
EXHIBIT P5	TRUE COPY OF THE SELECTION NOTICE DATED 31.12.2019.
EXHIBIT P6	TRUE COPY OF THE COMMUNICATION DATED 10.1.2020.
EXHIBIT P7	TRUE COPY OF THE SECOND SELECTION NOTICE DATED 21.1.2010.
EXHIBIT P8	TRUE COPY OF THE COMMUNICATION DATED 10.2.2020.
EXHIBIT P9	TRUE COPY OF COMMUNICATION FROM THE SECOND RESPONDENT DATED 15.5.2020.
EXHIBIT P10	COMMUNICATION FROM CHIEF ENGINEER TO SECOND RESPONDENT DATED 7.5.2020.
EXHIBIT P11	TRUE COPY OF THE COMMUNICATION DATED 29.5.2020.
EXHIBIT P12	TRUE COPY OF THIRD SELECTION NOTICE DATED 29.5.2020.
EXHIBIT P13	TRUE COPY OF G.O.(P) NO. 429/15/FIN DATED 28.9.2015.

Southern Dredging Company (P) Limited, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Southern Dredging Company (P) Limited, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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