M/S.Farooq Constructions v. M/S.Indian Rare Earths Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 31681 of 2015 (I) ------------------------------------------ PETITIONER(S) :

-------------------------- M/S.FAROOQ CONSTRUCTIONS, FATHIMA MANZIL, P.H.WARD, ALAPPUZHA, REPRESENTED BY THE MANAGING DIRECTOR.

BY SRI.K.L.VARGHESE (SENIOR ADVOCATE) ADVS. SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.RANJITH VARGHESE RESPONDENT(S) :

---------------------------- M/S.INDIAN RARE EARTHS LIMITED, (A GOVERNMENT OF INDIA UNDERTAKING), CHAVARA-691 583, KOLLAM, REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR. BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 31681 of 2015 (I) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- P1 :

TRUE COPY OF THE REGISTRATION CERTIFICATE AS 'A' CLASS REGISTERED CONTRACTOR OF THE KERALA PUBLIC WORKS DEPARTMENT.

P2 :

TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE INVITING TENDER ISSUED BY THE RESPONDENT.

P3 :

TRUE COPY OF THE DEMAND DRAFT SUBMITTED TO THE RESPONDENT. P4 :

TRUE COPY OF THE RELEVANT INCOME TAX RETURN ACKNOWLEDGMENT FOR THE ASSESSMENT YEAR 2013-14 AND ANNEXURE PART A.

P5 :

TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 16.04.2013 ISSUED BY THE EXECUTIVE ENGINEER, ROADS DIVISION, ALAPPUZHA. P6 :

TRUE COPY OF THE SCHEDULE RELATING TO THE ROAD WORK AS PART OF IMPROVEMENTS TO ALAPPUZHA-THANNEERMUKKAM-KOTTAYAMS.H (ALAPPUZHA-MADURAI ROAD). P6(A): TRUE COPY OF ORDER DATED 11.08.2011 ISSUED BY THE SUPERINTENDING ENGINEER, PWD ROADS AND BRIDGES SOUTH CIRCLE, THIRUVANANTHAPURAM.

P7 :

TRUE COPY OF LETTER DATED 06.10.2015 ISSUED BY THE PETITIONER TO THE RESPONDENT.

P8 :

TRUE COPY OF THE PROFORMA TO ACCOMPANY THE COMPLETION CERTIFICATE.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No. 31681 of 2015 ------------------------------------------- Dated this the 2nd November, 2015

JUDGMENT

Learned counsel for the petitioner submits that the Writ Petition can be closed, since the petitioner is not otherwise entitled to be considered for pre-qualification, as he was the third lowest bidder.

Accordingly, the Writ Petition is closed without deciding the issues relating to the eligibility. A.MUHAMED MUSTAQUE JUDGE vgs3/11/15