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2023 Supreme(Ker) 754

ANIL K. NARENDRAN, P. G. AJITHKUMAR
SITCO Associates, Represented By Its Managing Partner, M. P. Sidheek, S/o. Pareekunju – Appellant
Versus
State Of Kerala, Represented By Its Secretary To Government – Respondent


Advocates Appeared:
For the Petitioner: Babu Joseph Kuruvathazha, K.S. Archana.
For the Respondents: N. Raghuraj, Sri. S. Rajmohan, Sri. G. Biju.

JUDGMENT :

(Anil K. Narendran, J.)

The petitioner submitted a tender pursuant to an e-tender notification issued by the 2nd respondent High Power Committee for Implementation of Sabarimala Master Plan, for the construction of a straight walkway including side drain and utility ducts along the trekking path of Chandranandan Road, for a length of 800 meters, in Sabarimala. On 31.01.2018, when the bids were opened, the petitioner was the lowest bidder, who quoted 7.86% below the sanctioned estimate rate, which works out to contract PAC of Rs.3,43,79,519/- against the sanctioned estimate PAC of Rs.3,73,12,263/-. Accordingly, the petitioner was issued with Ext.P1 selection notice dated 25.02.2018 of the 2nd respondent, awarding the contract. By Ext.P1 selection notice, the petitioner was directed to produce a performance guarantee (security deposit) of Rs.17,19,000/- along with a micro-level PERT Chart indicating the milestones of various activities. As per Ext.P1, the petitioner shall complete the work in all respects, on or before 30.09.2018, as per the instructions of the Chief Engineer (General), Travancore Devaswom Board, the Executive Engineer, Sabarimala Development Project and th

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