SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(Ker) 48154

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A. A, J
V.R.JAYARAM – Appellant
Versus
STATE OF KERALA, IRRIGATION DEPARTMENT – Respondent
WP(C) NO. 40118 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.R.JAIKRISHNA KUM, NARAYANI HARIKRISHNAN, SRI.C.S.ARUN SHANKAR, SHRI.AKHIL SHAJI, SHRI.ANISH P., SHRI.K.SURESH CHANDRAN
For the Respondents: SMT.K.G.SAROJINI

The court affirms the need for due process in tender evaluation and directs consideration of pending representations in light of procedural compliance.

Headnote:The petitioner has challenged the awarding of work under Ext.P1 tender to the 3rd respondent, contending non-compliance with pre-qualification conditions. Relief sought is a directive for the 2nd respondent to act on Ext.P9. The court concluded that the 2nd respondent must consider Ext.P9 and make orders after hearing all concerned parties.

Table of Content
1. compliance with tender requirements (Para 1 , 2)
2. court's procedural directive (Para 3)

JUDGMENT

The petitioner has approached this Court being aggrieved by the awarding of work, as per Ext.P1 tender notification to the 3rd respondent herein. Petitioner was one of the participants in the tender process initiated as per Ext.P1. The contention raised by the petitioner is that, the 3rd respondent failed to comply with the conditions of pre - qualification, as he did not submit duly filled and signed copy of requisition for e- payment as per item No.6 Part-VI of the bid. It is also pointed out that, on similar reasons, the petitioner was earlier disqualified by the respondent. Now over-looking the said defect, the tender submitted by the 3rd respondent is accepted and he happened to be the successful bidder.

2. In such circumstances, the petitioner submitted Ext.P9 representation highlighting the aforesaid aspect, which is now pending before the 2nd respondent. Limited relief sought by the petitioner is to direct the 2nd respondent to pass orders on Ext.P9.

3. After hearing the learned counsel for the petitioner and the learned standing counsel for the respondents, I am of the view that this writ petition can be disposed of without issuing notice to the 3rd respondent, in view of the nature of the order that I proposed to pass.

Accordingly, it is ordered that, the 2nd respondent shall take up Ext.P9 and appropriate orders thereon shall be passed after hearing the 3rd respondent and the tenderer who is L2 and other affected parties. This shall be done within a period of one week from the date of receipt of a copy of this judgment.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top