THRIMATHY CONTRACTING COMPANY V.P.CO.CENTER Vs. SECRETARY, PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of selection notice issued to the petitioner company to carry out certain contract works for and on behalf of the Public Works Department. Two aspects are put forth by the petitioner, one is that substantial amounts are due to the petitioner on account of the works carried out by the petitioner evident from Ext.P3 bills pending, which if adjusted against Ext.P1 selection notices would suffice the situation and secondly it is submitted that the respondents cannot insist the petitioner for production of fixed deposit receipts from the treasury as a condition precedent for executing the contract.

(2.) I have heard learned counsel for the petitioner and the learned Government Pleader and perused the pleadings and documents on record. So far as the first issue is concerned, there will be a direction to the 2nd respondent to adjust the bill amounts due to the petitioner as per Ext.P3 against the security sought for in Ext.P1 selection notices at the earliest and at any rate, within three weeks from the date of receipt of a copy of this judgment. Time period prescribed under the selection notices will stand extended for a period of one month to execute the agreement. So far as the second issue is concerned, was considered by a Division Bench of this Court in State of Kerala V. Shibu Kumar [2018 (3) KLT 1076] and held that the condition so imposed in the notice inviting tender to provide treasury fixed deposit is a valid condition, and therefore the petitioner is not entitled to get any relief on that account. Therefore the second relief sought for by the petitioner on that account is declined.