BUILDING CONSULTANT AND TECHNOLOGICAL SERVICE CO-OPERATIVE SOCIETY LTD. Vs. THONNAKKAL AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD.

JUDGEMENT

(1.) The 1st petitioner is a co-operative society registered and functioning in accordance with the provisions of the Kerala Co- operative Societies Act, 1969. The 1 st respondent, another co- operative society, had invited tenders for the construction of its head office building and ancillary works as per Ext.P1 tender notification. The 1st petitioner participated in the tender and quoted the second lowest rate and the 3 rd respondent the lowest. The difference between the rates quoted by the 1 st petitioner and the 3rd respondent was 7.16%. The President of the 1st petitioner Society therefore submitted Ext.P8 letter, requesting to award the work to the 1 st petitioner by granting the price preference available to Labour Contract Co-operative Societies. In the absence of any positive response to the request and apprehending that the work will be awarded to the 3rd respondent, the writ petition is filed seeking the following reliefs;

(2.) Heard, Advs.D.Kishore for the petitioners and J.Jayakumar for respondents 1 and 2.

(3.) The learned counsel for the petitioners placed reliance on Ext.P2 Government Order to point out that, the Labour Contract Co-operative Societies in the State are entitled to price preference of 10% above the lowest tenderer, in case the lowest tenderer is a private contractor. It is pointed out that the preferences/ exemptions granted to Labour Contract Co- operative Societies have been extended to the 1 st petitioner as per Ext.P3 Government Order. Attention is also drawn to Ext.P6 Government Order by which the preferences/exemptions are made applicable to the award of tenders by Co-operative Societies also. It is hence contended that in view of Exts.P2, P3 and P6 Government Orders, the tender notified by Ext.P1 ought to have been awarded to the 1st petitioner.