ASIAN TECHS LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The matter relates to the contract work of 'Tourism Department Construction of new block to the Guest House, Ernakulam". The 3rd respondent the Superintending Engineer, Buildings and local works, Public Works Department, Thrissur issued tender notification No. D8.3703/96 dated 30-6-2000 on 29-8-2000. Pursuant to the said notification, the petitioner, the 4th respondent and three others submitted their tenders. The work was awarded to the 4th respondent. The selection notice was issued to the 4th respondent on 9-11-2000. The 4th respondent executed the agreement on 14-11-2000 and the work started on 16-1-2000. The petitioner has filed this original petition on 18-11-2000.

(2.) The grievance of the petitioner is that though the tender submitted by the petitioner is the lowest among the 5, the work was arbitrarily given to the 4th respondent. The petitioner seeks for a declaration that they are entitled to the award of the said work and that their tender is the lowest. The petitioner also sought for a writ of prohibition restraining all further proceedings pursuant to the award of the work.

(3.) The 3rd respondent has filed a statement explaining the procedure adopted in the matter of award of the contract pursuant to the tender notification and justifying the grant is favour of the 4th respondent. The 4th respondent, who was awarded the work has also filed a statement. The petitioner has filed a reply affidavit. Along with the said reply affidavit he has produced certain pages of the tender documents as Ext. P3.