Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945 WP(C) NO. 43460 OF 2023 PETITIONER:
PKK CONSTRUCTIONS REPRESENTED BY ITS MANAGING PARTNER, MUHAMMED FASIL, AGED 29 YEARS S/O.KAMMEDKUTTY, T.C 25/1946, USHUS, SREEMOOLAM ROAD, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS.
K.I.SAGEER MUHAMMED YASIL RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY HARBOUR ENGINEERING DEPARTMENT, KAMALESWARAM MANACAUD P.O, THIRUVANANTHAPURAM, PIN - 695009 2 CHIEF ENGINEER HARBOUR ENGINEERING DEPARTMENT, KAMALESWARAM MANACAUD P.O THIRUVANATHAPURAM, PIN - 695009 3 SUPERINTENDENT ENGINEER HARBOUR ENGINEERING DEPARTMENT, CENTRAL CIRCLE KACHERIPADY ERNAKULAM, PIN - 682018 BY ADV.
SRI. SUNIL KUMAR KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT The petitioner seeks that the 3rd respondent be directed to consider their Tender, without insisting on them satisfying the pre- qualification criteria, because the amount offered by them is less than Rs.5 Crores.
2. Sri.Sunil Kumar Kuriakose – learned Government Pleader, however, responded to the afore submissions of the petitioner, as made by their learned counsel – Sri.K.I.Sageer, saying that, though the offer of the petitioner may be less than Rs.5 Crores, the consolidated sum, including the tax and other expenses, would exceed it; and, therefore, that they will have to satisfy the pre- qualification criteria. He, therefore, prayed that this writ petition be dismissed.
3. When I evaluate and consider the afore rival positions, it is clear that the disputation between the parties is in the factual arena, into which, this Court cannot enter at the first instance, while acting under Article 226 of the Constitution of India.
4. As I have already said above, while the petitioner asserts that their offer is less than Rs.5 Crores, the answer of the learned Government Pleader is to the contrary. Obviously, this will have to be resolved through proper proceedings.
5. In the afore circumstances, I direct the 3rd respondent to hear
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the petitioner and issue an appropriate order to them, qua their claim for their Tender being accepted without them satisfying the pre- qualification criteria. This shall be done as expeditiously as is possible, but not later than two weeks from the date of receipt of a copy of this judgment, and in any event, before the tender processes are finalised.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
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APPENDIX OF WP(C) 43460/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CONTRACTORS REGISTRATION CARD (FORM-111) IS PRODUCED HEREWITH AND MARKED AS EXHIBIT-P1 Exhibit P 2 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 27.03.2023 Exhibit P 3 A TRUE COPY OF THE TENDER NOTIFICATION DATED 03.11.2023 ISSUED BY THE 3RD RESPONDENT Exhibit p4 A TRUE COPY OF THE FEE DETAILS DATED 23.11.2023 Exhibit p5 A TRUE COPY OF THE LETTER DATED 21.11.2023 ISSUED BY THE CHARTERED ACCOUNTANTS OF THE PETITIONERS FIRM Exhibit P 6 A TRUE COPY OF THE BANK CERTIFICATE DATED 22.11.2023 ISSUED BY THE FEDERAL BANK Exhibit P 7 A TRUE COPY OF THE PROGRAM CHART AS MANDATED IN TENDER NOTIFICATION .
Exhibit P 8 A TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 13.07.2018 ISSUED BY THE EXECUTIVE ENGINEER, HARBOUR ENGINEERING DIVISION, KANNUR.
Exhibit P9 A TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 14.02.2022 ISSUED BY THE SUPERINTENDENT ENGINEER, PUBLIC WORKS DEPARTMENT, KOZHIKKODE.
Exhibit P10 A TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 17.04.2023 ISSUED BY THE PUBLIC WORKS DEPARTMENT.
Exhibit P11 A TRUE COPY OF THE G.O.P NO.3/2017/PWD DATED 09.08.2017 OF THE PUBLIC WORKS DEPARTMENT.
RESPONDENTS' EXHIBITS : NIL.