Pkk Constructions vs. State Of Kerala
Held
The High Court identified a factual dispute regarding whether the tender value crossed the Rs. 5 Crore threshold. It directed the 3rd respondent to hear the petitioner and issue a reasoned order on their claim within two weeks, before finalizing the tender processes.
Facts
The petitioner sought consideration of their tender without satisfying pre-qualification criteria, asserting their offer was below Rs. 5 Crores. The respondent argued that the consolidated sum, including tax and other expenses, would exceed Rs. 5 Crores, thereby requiring pre-qualification.
Key Issues
The key legal issue was whether the petitioner's tender value, inclusive of taxes and other expenses, exceeded the Rs. 5 Crore threshold, thereby mandating the satisfaction of pre-qualification criteria for the tender.
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
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:
W.P.(C).No. 43460 of 2023 : 2 : 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 C
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.