P.V.ASHA
M/S. C. V. THOMAS, CONTRACTORS PRIVATE LIMITED – Appellant
Versus
STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT – Respondent
P.V. ASHA, J.
1. A private limited company engaged in Engineering Constructions Works has filed this writ petition challenging the action of respondents 1 to 3 in rejecting its bid as per Ext.P7 order by which the 4th respondent has been awarded the work, despite the fact that the petitioner was the lowest bidder.
2. The 2nd respondent - the Chief Engineer of Irrigation Department invited electronic tenders for "construction of new bridge for diversion of traffic for safety of old barrage at Bhoothathankettu" as per Ext.P1 notification dated 29.02.2016 under "National Competitive Bidding." The closing time fixed was 16 hours on 30.03.2016, which was later extended till 4 p.m. on 15.04.2016. The petitioner submitted its online bid on 14.04.2016 and received confirmation for the same as per Ext.P3. It is submitted that the petitioner is eligible for tender fee exemption as well as EMD exemption as per Exts.P4 and P5 orders. "National small industries Corporation Ltd." had in its letter dated 23.3.2016 addressed to the Superintending Engineer of Irrigation Department, informed that the petitioner is a registered unit with them under the Government Stores Purchase Program and a
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