IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34483 of 2010(I)
1. K.S.LAL,AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY THE SECRETARY
... Respondent
2. SUPERINTENDEING ENGINEER,
3. CHIEF ENGINEER,
For Petitioner :SRI.K.S.BABU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 34483 OF 2010
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Dated this the 18th day of November, 2010
J U D G M E N T
The 2nd respondent initially invited tender for the execution
of work concerning Mitigation of Flood in various Padasekharams
in Kuttanad. Petitioner purchased the tender documents paying
Rs.78,000/- and submitted his tender. However, for the reason
that the tenders were not received from the minimum specified
three tenderers, the tender in question was cancelled.
Subsequently by Ext.P2, the work has been retendered by the 2nd
respondent. Petitioner approached the 2nd respondent for
issuance of tender documents. According to him, he having
already paid Rs.78,000 on the previous occasion and as the
tender invited was cancelled by the respondents themselves, he
should not be called upon once again to pay the price of the
tender documents. Tender documents were not issued, and
therefore, this writ petition is filed.
2. Learned Government Pleader has obtained instructions
in the matter. According to the learned Government Pleader, the
stand of the 2nd respondent is that since tender documents are to
WPC No. 34483/10
:2 :
be issued afresh, petitioner will have to pay the price and
purchase the same.
3. Although the fact that the petitioner will have to pay
the price for the tender documents cannot be disputed, fact
remains that the petitioner paid price and had already purchased
the tender documents on the previous occasion, and that the
tender was cancelled by the 2nd respondent himself for no fault of
the petitioner. If that be so, necessarily the 2nd respondent is
obliged to refund the purchase price of the tender document, and
therefore, the 2nd respondent should have, in all fairness, issued
the tender documents to the petitioner without compelling him to
pay for the tender documents once again.
4. However, having regard to the fact that the last date
for issuance of the tender document is 19/11/2010, and taking
note of the paucity of time involved, I dispose of this writ petition
with the following directions;
(1) That it will be open to the petitioner to purchase the
tender documents in pursuance to Ext.P2, by paying the price
thereof and submit his tenders.
(2) It is directed that, on the production of a copy of this
WPC No. 34483/10
:3 :
judgment, the 2nd respondent will ensure that the price paid by
the petitioner for the tender document on the previous occasion is
refunded to him at any rate within 10 days thereafter.
(3) Petitioner shall produce a copy of this judgment before
the 2nd respondent for compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp