ANEESH APPU Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant writ appeal is filed challenging the interim order passed in W.P(C). No.18643 of 2020 dated 11.9.2020. The impugned order reads thus:

(2.) The appellant is a PWD Contractor. The appellant has participated in Exhibit P1 re-tender for supply of ready made repair mix instant pothole filler for roads. The appellant has quoted 15.7% below the estimated rate. The 5th respondent has quoted 7.5% below the estimated rate. Therefore, the appellant's rate which is the lowest, ought to have been accepted. But the official respondents, have selected the 5th respondent, by providing 10% prize preference available for the local cottage industries.

(3.) It is submitted that Exhibit P1 is a re-tender. The appellant has quoted the lowest rate in the original tender also. But original tender was cancelled, for the reason that the 5th respondent was eligible for 5% preference available to local micro small and medium enterprises.