PALANATTIL CONSTRUCTIONS COMPANY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are aggrieved by the steps taken to finalise the tender and to direct the second respondent to issue a fresh tender notice. According to the petitioners, they have been illegally denied the tender forms to participate in the tender in connection with the construction of the link canal from ch:2/250km to 3/93km including drainage works under Siruvani Project circle by the second respondent.

(2.) It is stated that the value of tender forms was revised at the spot deviating from the prescriptions in the tender notice. To show that the petitioners are qualified tenderers, Ext.P1 to P3 have been produced. The date fixed for the sale of the tender documents was upto 1 p.m. on 24.11.2011 and the last date for acceptance of the tender was upto 3 p.m. on 2.12.2011 and that the date of opening of the tender was on the same day at 3.30 p.m. Ext.P4 is the copy of the tender notice.

(3.) It is averred in para 3 of the writ petition that the first petitioner sent his employee to the spot where the tender forms are being issued as per Ext.P4 notification and second and third petitioners personally went to the spot for getting tender documents. Certain allegations have been made against the second respondent in para 3 of the wit petition. It is stated in para 4 that at about 5 p.m. the second respondent informed that he got the technical sanction of the work 10 minutes back and he further informed that as per the sanction the probable construction amount was revised and enhanced to '.1,98,00,000/ - and hence the value of tender forms will be '.30,000/ - including VAT and cess. The petitioners were not having the required money. The said action of the second respondent is under challenge in this writ petition.