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2015 Supreme(Ker) 135

P.R.RAMACHANDRA MENON
Raju Mathew – Appellant
Versus
State of Kerala, Represented by Its Secretary to the Government, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioners:P. Thomas Geeverghese, Tony Thomas (Inchiparambil), Advocates.
For the Respondents: R1 & R2, Joseph George, Govt. Pleader.

Judgment

1. Exts.P1 to P3 tender proceedings, floated by the 2nd respondent, in connection with awarding the work of 'Ponnani Port Drudged material purification - Extraction of construction graded sand removing all impurities and processing of byproducts - selection of agency through 'Swiss Challenge Method” are under challenge in this writ petition.

2. The main ground of challenge is that, the modalities prescribed for adopting 'Swiss Challenge Method', particularly the guidelines evolved by the Apex Court as per the decision reported in (2009) 7 SCC 462 (Ravi Development Vs. Shree Krishna Prathisthan), have not been followed and that an adverse clause has been incorporated in the tender for providing compensation to an extent of Rs.25,00,000/- (Rupees Twenty five lakhs only) to the original propounder of the project, if the bid to be quoted by the others like petitioners comes to be accepted. Despite Ext.P2 tender being an 'International competitive bidding', very short time frame was given to participate in the process and that undue advantage and preferential treatment are sought to be extended to the propounder of the project, whose particulars have not given in the tender docu

































































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