JUDGMENT

The petitioner is an A class contractor, who was entrusted with the work based on Ext.P1 letter of acceptance dated 05.10.2023 for executing the work named “KIIFB-PWD016-31--Construction of Vellayani bridge connecting Poonkulam and Kakkamoola in Thiruvananthapuram District- General civil works”. As part of the tender conditions, the petitioner is supposed to deposit 5% of the contract value as the performance guarantee. According to the petitioner, insisting for performance guarantee @ 5% is not legally sustainable, in view of Exts.P2 to P4 Government Orders, by which, the performance guarantee was reduced to 3% of the contract value. As the respondents were not prepared to accept performance guarantee of 3% of the contract value, the petitioner has approached this Court seeking the following reliefs:

“a) Issue a writ of mandamus any other appropriate writ order or directions directing the second respondent to permit the petitioner to execute the agreement with respect of the work namely KIIFB-PWD016- 31--Construct