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2022 Supreme(Online)(KER) 63903

HIGH COURT OF KERALA
K.SUDARSANAN *(CORRECTED) – Appellant
Versus
KERALA WATER AUTHORITY – Respondent


Advocates:
SC FOR KWA P.M.JOHNNY

JUDGMENT

Dated this the 20th day of October, 2022 The petitioner, a B Class Contractor, participated in the tender floated by the Kerala Water Authority for the work 'JJM DER 2020 21 THOLICODE GP Pipeline extensions and providing house connections in THOLICODE GRAMA PANCHAYAT Phase 11 A3 2150 FHTCS from ongoing Scheme PART 2'. The bids were opened on 01.07.2022 and the petitioner was declared the lowest among the 8 bidders. The tender summary report was published on 08.07.2022. The petitioner’s grievance is that, in spite of being the lowest bidder, the tender is not finalised by issuing the selection notice.

2. Learned Counsel for the petitioner submitted that on enquiry, the petitioner was informed that the fourth respondent, a Labour Contract Co-operative Society (LCCS), is the third lowest bidder and the third respondent being entitled for price preference, issuance of selection notice is kept on hold, awaiting production of relevant documents by the fourth respondent. It is contended that the fourth respondent does not have sufficient experience and is not entitled for price preference or privilege in tenders. In this regard, reference is made to Ext.P4 Government order, as per

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