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2025 Supreme(Online)(Ker) 56404

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
AZEEB.T.A – Appellant
Versus
THE CHIEF ENGINEER, KERALA STATE COASTAL AREA DEVELOPMENT CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: SMT.K.V.RASHMI, SMT.LAKSHMI, SHRI.RAHUL ANIL
For the Respondents: SHRI.NINU M.DAS, SHRI.GODWIN F. LAL, SMT.TOOLIKA SURESH

JUDGMENT

The petitioner is a government contractor, and in response to the notification published by the 1st respondent inviting tenders for carrying out the work regarding the construction of safe dwellings for landless fishermen at Manappuram in Alappuzha District—Phase I (4 Units), the petitioner submitted a tender. The petitioner’s tender was accepted, and thereupon the petitioner was asked to sign the final agreement. While submitting the bill of quantities as evidenced by Ext.P5, as there was no separate column for GST, the petitioner quoted the rates without calculating the GST alone.

2. In such circumstances, as the Ext.P5 was not feasible, the petitioner requested for cancellation of the tender and refund of the EMD furnished. This writ petition is submitted by the petitioner in such circumstances seeking the following reliefs:

i) Issue a Writ of Mandamus, directing the 1st respondent authority to recalculate the tender value treating the rates quoted by the petitioner as exclusive of GST, and to make necessary corrections in the work order or payment schedule accordingly, forthwith, ii) Declare that the basic rates quoted by the petitioner in the BOQ are exclusive of GST an

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