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Binny Xavier, Proprietor, Binny Associates, Cochin & Another v/s Union of India, Central Public Works Department, New Delhi, Represented by Its Secretary To Government, Ministry of Union Housing & Urban Affairs & Others


Company & Directors' Information:- BINNY LIMITED [Active] CIN = L17111TN1969PLC005736

Company & Directors' Information:- C P AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U45201DL2001PTC111850

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- C M ASSOCIATES PRIVATE LIMITED [Active] CIN = U51101CH2010PTC032255

Company & Directors' Information:- R A S ASSOCIATES LTD [Active] CIN = U74210WB1988PLC045492

Company & Directors' Information:- A P S ASSOCIATES PVT LTD [Active] CIN = U74210PB1978PTC003847

Company & Directors' Information:- N S P ASSOCIATES (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1996PTC082177

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- B B C ASSOCIATES LIMITED [Active] CIN = U45309TN1988PLC015954

Company & Directors' Information:- S K N ASSOCIATES PVT LTD [Active] CIN = U74899DL1983PTC016634

Company & Directors' Information:- B N T ASSOCIATES LTD [Strike Off] CIN = U17119WB1935PLC008284

Company & Directors' Information:- P V M ASSOCIATES PVT LTD [Active] CIN = U51226DL1987PTC311009

Company & Directors' Information:- P V M ASSOCIATES PVT LTD [Active] CIN = U51226HR1987PTC036321

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- A P ASSOCIATES PVT LTD [Active] CIN = U72200AS1994PTC004194

Company & Directors' Information:- S. P. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066986

Company & Directors' Information:- AT ASSOCIATES PRIVATE LIMITED [Active] CIN = U51109OR2008PTC009787

Company & Directors' Information:- F AND A ASSOCIATES PRIVATE LIMITED [Active] CIN = U74120UP2015PTC075062

Company & Directors' Information:- D C P ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U51311DL1987PTC026667

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- A R ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC029533

Company & Directors' Information:- N S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74210DL2002PTC117462

Company & Directors' Information:- K V ASSOCIATES PVT LTD [Active] CIN = U01122PB1986PTC006863

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- K P ASSOCIATES (INDIA) PRIVATE LIMITED [Active] CIN = U70101WB1997PTC085826

Company & Directors' Information:- D V ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45201CH2000PTC024072

Company & Directors' Information:- P P ASSOCIATES PVT LTD [Strike Off] CIN = U51228PB1990PTC010014

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- I J ASSOCIATES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1988PTC032756

Company & Directors' Information:- P K C & ASSOCIATES PVT LTD [Converted to LLP and Dissolved] CIN = U45202WB1987PTC041774

Company & Directors' Information:- H S AND ASSOCIATES PVT LTD [Active] CIN = U55101AS1988PTC002910

Company & Directors' Information:- M P D ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013982

Company & Directors' Information:- M S ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038395

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- J S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028180

Company & Directors' Information:- A B R AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U70101DL2004PTC123935

Company & Directors' Information:- V S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068018

Company & Directors' Information:- L S ASSOCIATES PVT LTD [Strike Off] CIN = U74140WB1985PTC039501

Company & Directors' Information:- P. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U45201DL1984PTC018057

Company & Directors' Information:- O & S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74210TN2004PTC053764

Company & Directors' Information:- COCHIN CO PRIVATE LIMITED [Strike Off] CIN = U74999KL1963PTC002029

Company & Directors' Information:- S A S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045528

Company & Directors' Information:- U K E AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U70109OR1995PTC004230

Company & Directors' Information:- P. S. D. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015217

Company & Directors' Information:- V K ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015519

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A AND A ASSOCIATES PVT LTD [Converted to LLP] CIN = U74140PB1989PTC009864

Company & Directors' Information:- S S ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC023665

Company & Directors' Information:- L R ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U70101DL1999PTC100897

Company & Directors' Information:- H B ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45201AS2003PTC007275

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- R. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U51900HR2011PTC042294

Company & Directors' Information:- A. M. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74900JK2012PTC003760

Company & Directors' Information:- S A R C ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209285

Company & Directors' Information:- K M ASSOCIATES PRIVATE LIMITED [Active] CIN = U55101DL2001PTC110937

Company & Directors' Information:- G L S ASSOCIATES PRIVATE LIMITED [Active] CIN = U70101DL1999PTC102336

Company & Directors' Information:- E K ASSOCIATES PRIVATE LIMITED [Active] CIN = U52311OR1995PTC003828

Company & Directors' Information:- M AND A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054477

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- B R ASSOCIATES PRIVATE LIMITED [Active] CIN = U28181UP1993PTC015740

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- G R C & ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140OR2015PTC018811

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- R T & ASSOCIATES PRIVATE LIMITED [Active] CIN = U74210DL2002PTC115350

Company & Directors' Information:- 3 P' ASSOCIATES PRIVATE LIMITED [Active] CIN = U70200DL2012PTC242811

Company & Directors' Information:- H R ASSOCIATES PRIVATE LIMITED [Active] CIN = U45200DL2012PTC231105

Company & Directors' Information:- M AND W ASSOCIATES PRIVATE LIMITED [Active] CIN = U93090KA2004PTC035154

Company & Directors' Information:- XAVIER ASSOCIATES PRIVATE LIMITED [Active] CIN = U74999OR2019PTC030583

Company & Directors' Information:- URBAN NEW PRIVATE LIMITED [Active] CIN = U74999TG2020PTC140084

Company & Directors' Information:- M M S ASSOCIATES PVT. LTD. [Not available for efiling] CIN = U74210RJ1995PTC009405

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- S AND A ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028051

Company & Directors' Information:- D. P. ASSOCIATES PVT. LTD. [Strike Off] CIN = U45203OR1993PTC003418

Company & Directors' Information:- T R J ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032265

Company & Directors' Information:- K B ASSOCIATES LIMITED [Active] CIN = U51909DL1983PLC016142

Company & Directors' Information:- H. J. ASSOCIATES PRIVATE LIMITED [Converted to LLP] CIN = U51219DL1984PTC017269

Company & Directors' Information:- Y P ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC053658

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S L ASSOCIATES PVT LTD [Active] CIN = U74899DL1980PTC010620

Company & Directors' Information:- M AND N ASSOCIATES PRIVATE LIMITED [Active] CIN = U67120MP1994PTC008890

Company & Directors' Information:- C T ASSOCIATES PRIVATE LIMITED [Active] CIN = U74910MH1996PTC102599

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- B L G ASSOCIATES PVT LTD [Strike Off] CIN = U29220DL1981PTC011731

Company & Directors' Information:- D J AND ASSOCIATES PVT LTD [Active] CIN = U51109AS1994PTC004126

Company & Directors' Information:- R R ASSOCIATES PVT LTD [Active] CIN = U70101WB1987PTC042757

Company & Directors' Information:- R K ASSOCIATES PVT LTD [Active] CIN = U74899DL1980PTC010641

Company & Directors' Information:- K A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC128162

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- M P ASSOCIATES PRIVATE LIMITED [Active] CIN = U51909UP2002PTC026702

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- B R S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC196599

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- B N R ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U70101AS2005PTC007894

Company & Directors' Information:- G M G ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL2000PTC108670

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- E-ASSOCIATES INDIA PRIVATE LIMITED [Active] CIN = U72200KA2006PTC039989

Company & Directors' Information:- S. J. ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45202UP1996PTC021158

Company & Directors' Information:- M M AND ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45101UP1987PTC008758

Company & Directors' Information:- M J ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U70101DL1984PTC018559

Company & Directors' Information:- DELHI ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U51909HR1982PTC014722

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- N N ASSOCIATES PRIVATE LIMITED [Under Process of Striking Off] CIN = U25199TN1980PTC008508

Company & Directors' Information:- A J ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC031458

Company & Directors' Information:- R G ASSOCIATES PVT LTD [Strike Off] CIN = U70101WB1982PTC034627

Company & Directors' Information:- C S AND ASSOCIATES PRIVATE LIMITED [Active] CIN = U45201TZ2005PTC011859

Company & Directors' Information:- K K AND ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC235376

Company & Directors' Information:- M C M ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U72200DL2001PTC112757

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- S H A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45202DL2003PTC120698

Company & Directors' Information:- A D ASSOCIATES PVT LTD [Strike Off] CIN = U74300PB1991PTC011428

Company & Directors' Information:- M V M ASSOCIATES PRIVATE LIMITED [Active] CIN = U33111TN1986PTC013191

Company & Directors' Information:- U S ASSOCIATES PRIVATE LTD [Strike Off] CIN = U74130DL1981PTC012217

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- R. R. P. & ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74140RJ2014PTC045409

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- V. S. ASSOCIATES PRIVATE LIMITED [Active] CIN = U36998RJ1994PTC008939

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- C A A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223468

Company & Directors' Information:- L R ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140MH1992PTC066242

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- J D WORKS PRIVATE LIMITED [Active] CIN = U74999MH2011PTC211791

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- J. C. ASSOCIATES PRIVATE LIMITED [Active] CIN = U74999UP2011PTC046779

Company & Directors' Information:- A R M ASSOCIATES PRIVATE LIMITED [Active] CIN = U74900JK2012PTC003703

Company & Directors' Information:- R A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U67120CH2003PTC025995

Company & Directors' Information:- D M ASSOCIATES PRIVATE LIMITED [Active] CIN = U70100CH2004PTC026958

Company & Directors' Information:- NEW DELHI WORKS PRIVATE LIMITED [Active] CIN = U29219DL1997PTC089045

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- M M R ASSOCIATES PVT LTD [Strike Off] CIN = U74300DL2001PTC110589

Company & Directors' Information:- S M S ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007653

Company & Directors' Information:- V D ASSOCIATES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030677

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W G ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U00000DL1988PTC030330

Company & Directors' Information:- S M WORKS PRIVATE LIMITED [Active] CIN = U45400DL2014PTC270403

Company & Directors' Information:- P. T. & ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140DL2006PTC155265

Company & Directors' Information:- V R ASSOCIATES PRIVATE LIMITED [Active] CIN = U70109DL2013PTC246964

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- NEW DELHI ASSOCIATES PRIVATE LIMITED [Active] CIN = U93090DL2009PTC192621

Company & Directors' Information:- D B N ASSOCIATES PRIVATE LIMITED [Active] CIN = U15541DL2003PTC118638

Company & Directors' Information:- A G B ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U51393DL2002PTC115685

Company & Directors' Information:- G. V. ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U67190DL2002PTC118104

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- W E ASSOCIATES PRIVATE LIMITED [Active] CIN = U74140MP2008PTC021080

Company & Directors' Information:- G G ASSOCIATES PRIVATE LIMITED [Active] CIN = U93000HR2013PTC050025

Company & Directors' Information:- A AND K ASSOCIATES PRIVATE LIMITED [Active] CIN = U45200GJ2012PTC069296

Company & Directors' Information:- R. H. ASSOCIATES PRIVATE LIMITED [Active] CIN = U29309HR2019PTC079463

Company & Directors' Information:- J. K. ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45203JK1981PTC000505

Company & Directors' Information:- M J ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U00061KA1984PTC005829

Company & Directors' Information:- S AND A ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74300DL1992PTC049422

Company & Directors' Information:- A & A ASSOCIATES PVT LTD [Not available for efiling] CIN = U19111WB1973PTC029043

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- D & I ASSOCIATES COMPANY PRIVATE LIMITED [Strike Off] CIN = U74120DL2007PTC166193

Company & Directors' Information:- B M ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155219

Company & Directors' Information:- S C M ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74140OR1989PTC002300

Company & Directors' Information:- B N C ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U17121DL1984PTC018075

Company & Directors' Information:- Y P ASSOCIATES PVT LTD [Not available for efiling] CIN = U91120CH1983PTC005442

Company & Directors' Information:- M P WORKS PVT LTD [Strike Off] CIN = U22219WB1950PTC018702

Company & Directors' Information:- I D ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037213

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

Company & Directors' Information:- M M S ASSOCIATES PRIVATE LIMITED [Strike Off] CIN = U74210MH1999PTC119537

    WP(C). No. 15736 (N) & 16285 (I) of 2020

    Decided On, 18 November 2020

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE N. NAGARESH

    For the Petitioners: Tomson T. Emmanuel, Advocate. For the Respondents: J. Vishnu, CGC., P. Vijayakumar, ASGI.



Judgment Text

1. W.P.(C) No.15736/2020 as amended, is filed by the Proprietor, Binny Associates, who is a Contractor registered both, under the Central Public Works Department (CPWD) and State Public Works Department (State PWD). The petitioner seeks to call for the records from the 4th respondent in changing the Notice Inviting Tender (NIT) in Ext.P5 e-tender notification and to quash Ext.P2. As an incidental relief, the petitioner is seeking to direct the respondents to provide the petitioner with facility to participate in Ext.P5 e-tender on the basis of Ext.P1(a) State PWD licence, till re-validation of Ext.P1 CPWD licence issued to the petitioner.2. In W.P.(C) No.16285/2020 as amended, the very same petitioner seeks to quash Ext.P4 Office Memorandum issued by the 2nd respondent and permit the petitioner to participate in tender with re-validation of Ext.P1 licence.3. The petitioner states that he is a Contractor under CPWD and State PWD from 1995 onwards. He has GST registration also and has been filing returns regularly. Ext.P1 in W.P.(C) No.15736/2020 is the licence issued to the petitioner by the CPWD and Ext.P1(a) is the licence issued by State PWD. On the basis of Ext.P1(a) licence, the respondents permitted the petitioner to participate in e-tenders and awarded Exts.P2 to P2(e) contract works also.4. Now, when the 5th respondent invited Ext.P5 e-tender, as per the NIT, only CPWD licensees were made eligible. Because of Ext.P4 OM of Director General, CPWD, by which fresh enlistment of contractors/re-validation stands suspended, the petitioner is not in a position to re-validate his CPWD licence. The petitioner therefore sought to direct the respondents to facilitate the petitioner to participate in Ext.P5 e-tender.5. By interim orders passed in WP(C) No.15736/2020, the respondents were directed to accept the tender of the petitioner provisionally and subject to further orders from this Court. In similar circumstances, this Court passed interim order in W.P.(C) No.16285/2020 to permit the petitioner to provisionally participate in Ext.P6 tender proceedings therein.6. Respondents 1 to 4 filed counter affidavit and defended the writ petitions. According to the respondents, CPWD enlistment is mandatory for participation in the tenders floated by CPWD. As per an exemption clause available in the CPWD Manual, contractors who were not enlisted by the CPWD were permitted to participate in tenders for works costing up to Rs.30 Crores. The exemption ceased to exist after 31.03.2020. The petitioner has not re-validated his CPWD licence or made attempts to get enlistment in the CPWD list since 2017. Therefore, the petitioner is not entitled to participate in CPWD tenders, after 31.03.2020.7. Learned counsel for the petitioner argued that for the last 60 years, there were no CPWD enlisted contractors available to do smaller works of CPWD in the State of Kerala. The petitioner and similarly situated contractors licensed by the State PWD were undertaking the works of CPWD. The CPWD have been allowing the contractors with State PWD licence for the last several years. The petitioner's State PWD licence is valid up to 31.03.2020 and hence the petitioner is eligible and entitled to participate in the tenders floated by CPWD. Non-revalidation or non-enlistment of the petitioner by the CPWD cannot be a reason to disqualify the petitioner.8. The counsel for the petitioner Sri. Tomson T. Emmanuel further argued that since the respondents were entertaining and accepting the tenders made by State PWD licensed contractors, the petitioner did not take prompt steps to re-validate his CPWD licence. Even without CPWD licence, the tenders made by the petitioner were accepted and the petitioner is doing CPWD contract works even now. The counsel for the petitioner strongly refuted the contentions of the respondents that after 31.03.2020, the State PWD contractors, who are not possessing CPWD licence, were not permitted to participate in CPWD tenders. The learned counsel for the petitioner relied on Ext.P3 tender and stated that the petitioner was permitted to participate in Ext.P3 CPWD tender on 01.07.2020, even after 31.03.2020.9. Learned counsel for the petitioner further argued that Ext.R4(c) is an internal Circular issued by the respondents, which is neither circulated nor published. Hence, Ext.R4(c) cannot be relied on by the respondents to disqualify the petitioner. The learned counsel for the petitioner alleged that the sudden changing of conditions by the respondents is to favour a section of the contractors in Kerala and hence is liable to be nutralised. The cutoff date 31.03.2020 laid down in Ext.R4(c) is without any nexus with any object, hence the said cut off date is liable to be declared as arbitrary. The counsel for the petitioner insisted that the writ petitions are therefore only to be allowed confirming the interim orders passed in these writ petitions.10. I have heard Sri. Tomson T. Emmanuel, the learned counsel for the petitioner, and Sri. Vishnu J., Central Government Counsel appearing for respondents 1 to 4.11. The CPWD contracts are governed by CPWD Works Manual. The tenders/contracts in issue in these writ petitions are governed by CPWD Works Manual, 2019. It is an admitted fact that the CPWD enlistment of the petitioner expired on 22.07.2017.12. As per the CPWD Manual, a non-CPWD registered contractor can also participate in CPWD tenders in exceptional cases. As per the Manual, the Additional Director General is empowered to relax the provisions of the Manual. According to the respondents, Office Memorandum was issued granting exemption to non-CPWD registered contractors to participate in CPWD works of Kerala and Lakshadweep for works costing up to Rs.30 Crores. The period of exemption granted expired on 31.03.2020.13. Therefore, it is evident that the petitioner has been participating in the CPWD tenders till 31.03.2020, based on a relaxation granted. The petitioner did not care to revalidate/renew his CPWD licence since 22.07.2017. Without a current CPWD enlistment, the petitioner cannot aspire to participate in CPWD contracts. The fact that the petitioner has been permitted to participate in CPWD tenders based on exemption granted by the CPWD Authorities would not vest any right on the petitioner to continue make bids after the expiry of the period of exemption. The petitioner has not admittedly re-validated his CPWD licence.14. The petitioner has a case that even after 31.03.2020, the petitioner was permitted to participate in Ext.P3 tender proceedings. According to the learned Central Government Counsel, the tender of the petitioner was entertained for the sole reason that Ext.P3 was a re-tender, the original of which was made prior to 31.03.2020, during which period the petitioner was eligible to submit his tender based on exemption granted. Therefore, this Court is of the opinion that participation of the petitioner in Ext.P3 will not grant a right to the petitioner to make bids after 31.03

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.2020. This Court also finds no reason to hold that the selection of cutoff date 31.03.2020 is arbitrary. It is logical that the respondents decided to discontinue the exemption at the end of a Financial Year.15. In the circumstances, this Court finds no merit in the writ petitions filed by the petitioner. Accordingly, the interim orders passed in the writ petitions are vacated.16. However, the petitioner submits that he has made Ext.P11 application for the enlistment as Class IV Building Contractor on 22.09.2020. In the circumstances of the case, the respondents are directed to consider Ext.P11 application for enlistment submitted by the petitioner and take a final decision thereon within a period of one month.The writ petitions are disposed of with the said direction.
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