ABRAHAM SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two are connected matters and can be conveniently disposed of by a common judgment.

(2.) The appellant in W.A. No. 966 of 1996 is a Government contractor. The respondents are (1) State of Kerala, (2) The Chief Engineer, Harbour Engineering Department, Thiruvananthapuram, (3) The Superintending Engineer, Harbour Engineering Department, North Circle, Kozhikode and (4) The Executive Engineer, Harbour Engineering Division, Kozhikode - 32.

(3.) On 7th July, 1981, the respondents issued a public advertisement inviting tenders from registered contractors having A class licence for executing certain work for the development of the Beypore Port construction of breakwaters. The appellant submitted his tender on 21st August 1981. The probable amount of contract was Rs.24,23,79,991 and the earnest money to be deposited was Rs. 50,000. The tender submitted by the appellant on 21st August, 1981, was the lowest as the appellant quoted 12.90 per cent below the estimate rate. The second lowest tenderer had quoted 25 per cent above the estimate rate.