IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR &

THE HONOURABLE MR. JUSTICE S.MANU THURSDAY, THE 6^TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946 WA NO. 1811 OF 2024 AGAINST THE JUDGMENT DATED 28.10.2024 IN WP(C)

NO.8273 OF 2024 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

V.M.ASHARAF AGED 62 YEARS S/O. MAMMU, VALIYAPEEDIYAKKAL HOUSE, MUTHUKURUSSI P.O, PALAKKAD DISTRICT, PIN – 678593.

BY ADVS.

JACOB SEBASTIAN ANU JACOB WINSTON K.V RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, SECRETARIAT P.O, THIRUVANANTHAPURAM, PIN - 695001

2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, MECHANICAL CIRCLE (IRRIGATION), KAKKANAD P.O, ERNAKULAM DISTRICT, PIN – 682030.

3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, MECHANICAL DIVISION, IRRIGATION, MALAMPUZHA P.O, PALAKKAD DISTRICT, PIN – 678651.

4 AKHIL MANDHANA PLOT NO.30, OLD BAGADGANJ, NEAR PNPS SCHOOL, NAGPUR, (EMAIL-SAFALYAINFRAPPL@GMAIL.COM), PIN - 440008 BY ADVS.

NURIYA O A – FOR R4 REVATHY P. MANOHARAN(K/000669/2014)

ANAND B. MENON(K/000484/2018)

AZHAR ASSEES(D/4624/2019)

NABIL KHADER(K/000169/2018)

SRI.SUJITH MATHEW – SPL.G.P.

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

23.01.2025, THE COURT ON 06.02.2025 DELIVERED THE FOLLOWING:

NITIN JAMDAR, C.J.

&

S.MANU, J.

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W.A.No.1811 of 2024 ------------------------------------------------- Dated this the 06^th day of February, 2025 JUDGMENT S.MANU, J.

The 2^nd Respondent issued notice inviting tender for the work “REBUILD-RKI-Flood 2018 – Renovation of Shutters and Hoisting mechanism of Enamakkal Regulator (Mechanical works)- General Mechanical Work” on 23 January 2024. Bids were invited from “the Registered Bidders of Kerala PWD or from any State or Central Government Engineering Departments which are having similar functionalities like Kerala PWD.” Estimated cost of the work as per the ₹

notice is 3,83,88,277/-. Against the column No.8- classification of bidder, in the notice it was specified as “CIVIL-A”. Part I of the standard bid document of the Irrigation Department contains instructions to the bidders. Clause 1.3 deals with eligible bidders. Clause 1.3.1 reads thus:- “A Bidder shall be a registered contractor in Kerala Public Works Department or from any State or Central Government Engineering Departments which are having similar functionalities like Kerala PWD in the required category as specified in the NIT.”

2. Appellant and the 4^th Respondent responded to the notice inviting tender and submitted their bids. The 2^nd Respondent by proceedings dated 27 February 2024 found that the 4^th Respondent is qualified for financial evaluation. Appellant, on 12 February 2024, submitted a representation to the 2^nd Respondent stating that the 4^th Respondent is not qualified in terms of the notice inviting tender and also of Ext.P3 Government Order dated 29 July 2022. Alleging that the 4^th Respondent was not qualified and his bid should have been rejected, the Appellant approached this Court in W.P. (C)No.8273/2024. The 4^th Respondent entered appearance and filed counter affidavit refuting the contentions of the Appellant. The 2^nd Respondent also filed counter affidavit justifying the selection of the 4^th Respondent. The learned Single Judge, after hearing the respective counsel appearing for the parties and the learned Government Pleader dismissed the writ petition by the impugned judgment. Aggrieved by the dismissal of the writ petition Appellant has filed this intra-court appeal.

3. Mr.Jacob Sebastian, the learned counsel for the Appellant contended that the 4^th Respondent was not qualified for the work and the learned Single Judge has not appreciated the contentions of the Appellant in a proper manner. According to the Appellant, the 4^th Respondent submitted the bid as an individual. He is not a contractor registered as 'A' Class contractor in the State