IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1549 of 2009()
1. ALL KERALA ENGINEERS AND SKILLED WORKERS
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SECRETARY, IRRIGATION DEPARTMENT,
3. THE SUPERINTENDING ENGINEER,
For Petitioner :SRI.A.SUDHI VASUDEVAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :21/01/2011
O R D E R
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
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W.A. No. 1549 of 2009
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Dated this the 21st day of January, 2011
JUDGMENT
Ramachandra Menon, J.
The petitioner who lost the battle in the writ petition is the
appellant before this Court. The issue pertains to the scope of Ext.P1
Government Order, wherein certain exemption has been provided with
regard to the satisfaction of Fixed Deposit, Earnest Money Deposit, etc. in
the tenders to be submitted by the societies like the petitioner herein.
2. The grievance of the appellant before this Court was against
the demand for furnishing bank guarantee to an extent of ‘ten percent’ of the
bid amount. After considering the facts and figures and also the relevant
clause in Ext.P1 Government Order, the learned Single Judge of this Court
observed that the liability to furnish bank guarantee as above was something
different from the stipulation regarding Security Deposit and the Earnest
Money Deposit and hence no interference was warranted. Accordingly, the
writ petition was dismissed, which is sought to be challenged before this
Court in the writ appeal.
3. When the matter came up for consideration before the Court
earlier on 28th August, 2009 the following interim order was passed:
“The appellant submits that an amount of Rs.40,00,000/- is
due to be paid by the Inland Navigation Directorate under the Water
W.A.No.1549 of 2009
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Resources Department, Government of Kerala in respect of the
work of dredging of Parvathy Puthra river from Kovalam to
Arakulam. If that be so, it will be open to the respondents to
withhold and retain the required amount of security deposited
from out of the amounts payable to the appellant and referred to
above. If no such amount is payable to the appellant, that fact
shall be intimated to the appellant within three days and in
which case the appellant shall execute a bank guarantee within
another one week, subject to the result of the appeal. It is also
made clear that in case there is no sufficient amount payable to
the appellant, that factor also will be intimated to the appellant
and the appellant will furnish bank guarantee for the required
amount after adjusting the amount actually payable to the
appellant.”
4. The learned counsel for the appellant submits that the
matter has already been brought to the consideration of the Government
as to the interpretation and scope of Ext.P1 Government Order and that
the appellant would be satisfied if appropriate directions are issued to
the Government to consider the matter and pass final orders after
giving an opportunity to the appellant to be heard in this regard.
5. Learned Special Government Pleader appearing on
behalf of the respondents submits that the respondents have no
objection whatsoever in this regard.
6. In the above circumstances, the appellant is permitted to
make a detailed representation pointing out the facts and figures to the
first respondent within two weeks from the date of receipt of a copy of
this judgment, on which event, the first respondent shall consider the
same and pass appropriate orders in accordance with law, after
W.A.No.1549 of 2009
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affording an opportunity of hearing to the appellant. Final orders as
above shall be passed as expeditiously as possible, at any rate, within
three months from the date of receipt of the representation as aforesaid.
It is made clear that we have not considered the merits involved and it
is left open to be considered and decided by the Government,
untrammelled by the observations in the impugned judgment.
Writ appeal is disposed of as above.
J.Chelameswar,
Chief Justice
P.R.Ramachandra Menon,
Judge
vns