SULFIKERALI PP Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are holding civil contractors licence duly issued by the Government. Third respondent i.e., Kalikavu Grama Panchayat, Malappuram District, had invited tender for various works in the Panchayat to be executed through accredited agencies, evident from Exhibit P1 tender notice dtd. 6/12/2022. According to the petitioners, as per Exhibit P1, the 2nd respondent herein was selected as the Project Management Consultant to execute the work.

(2.) Aggrieved by Exhibit P1, the Association of Contractors has filed W.P." No.2404 of 2023 against executing works through the Project Management Consultants. However, no interim order was granted by this Court in the said writ petition. Consequent to which, the 2nd respondent i.e., the Forest Industries (Travancore) Limited, Aluva, has issued tender inviting bid from contractors on 17/2/2023, evident from Exhibit P2. According to the petitioners, the eligibility conditions fixed in the notice inviting tender cannot be satisfied by anyone in a Panchayat area and therefore, such conditions are arbitrary and illegal, liable to be interfered with by this Court. The conditions prescribed by the 2nd respondent are as follows:

(3.) It is thus seeking to quash the conditions contained in the notice inviting tender, this writ petition is filed.