IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2670 of 2009()
1. C.S.SWAMINATHAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SECRETARY,
3. THE CHIEF ENGINEER,
4. THE CHIEF ENGINEER,
5. THE CHIEF ENGINEER,
6. THE SUPERINTENDING ENGINEER,
7. M.P.JOLLY, MELATH HOUSE,
For Petitioner :SRI.M.K.PRADEEPKUMAR
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :26/11/2009
O R D E R
S.R.Bannurmath, C.J. & A.K. Basheer, J.
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W.A. No.2670 of 2009
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Dated this the 26th day of November, 2009
JUDGMENT
S.R.Bannurmath, C.J.
Aggrieved by the rejection of the tender of the
appellant disqualifying him for not giving the complete
information as required, he had approached the learned
Single Judge in W.P.(C) No.30728 of 2009 and on
considering the rival contentions, the learned Judge
found that the appellant had failed to produce the
complete necessary materials, especially the profit and
loss statements, balance sheets and auditor’s report as
required under clause 9.14(g)of the tender conditions.
2. The appellant undisputedly had submitted
the profit and loss statements and balance sheets for only
three years and as such rightly the tendering authority as
well as the learned Single Judge, in our view, was
justified in rejecting the challenge of the appellant against
disqualification as the requirement was specifically made
W.A.No.2670 of 2009
– 2 –
for five years. Moreover, as is brought to our notice by the
learned Government Pleader, the tender process has been
completed and the work has already started on 1.11.2009
completing the basic requirements like leveling, earth
work, widening and improvements and supply of metals for
road work.
3. Considering all these aspects, in our view,
there is absolutely no merit in the present case. The writ
appeal is accordingly rejected. However, if the tender
conditions provide for refund of cost of tender documents,
the appellant may approach the concerned authority and if
permissible under the tender conditions, the authority can
consider refund of the entire or part of the said amount.
S.R.Bannurmath,
Chief Justice
A.K. Basheer,
Judge
vns
