The High Court of Kerala dismissed a writ petition filed by a contractor. The Court held that it could not resolve serious factual controversies in writ proceedings regarding the alleged willful removal of tender documents.
The Writ Petition is dismissed. The judgment does not stand in the way of the petitioner pursuing other remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 12TH MARCH 2007 / 21ST PHALGUNA 1928
WP(C).No. 6931 of 2007(A)
PETITIONER:
T.K.RAJAN, CLASS - I CONTRACTOR, KANCHAN CENTRE, KULAI, MANGALORE.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
SRI.K.I.SAGEER
RESPONDENTS:
R3 BY ADV. SRI.SHIRAZ ABDULLA
SRI.IMTHIYAZ AHAMED R1 & R2 BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.R.V.SATHYAPRIYAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE, J.
W.P.(C) No. 6931 OF 2007
Dated this the 12th day of March, 2007
JUDGMENT
Detailed counter affidavit has been filed by the Municipality and also by the 3rd respondent. Of course, a reply affidavit has been filed by the petitioner. But I do not think that this Court will be able, in this proceedings under Article 226 of the Constitution, to resolve serious factual controversy which has now arisen as to whether Exts.P11 and P11 (a) had been willfully removed by the Municipality from the tender file submitted by the petitioner.
Under these circumstances, the Writ Petition will stand dismissed. This judgment however will not stand in the way of the petitioner pursuing other remedies, if any, available to him.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2
1 issue framed by the court
Whether the Court can resolve serious factual controversy in writ proceedings regarding the removal of tender documents.
1 provisions across 1 enactments
T.K.RAJAN
KANHANGAD MUNICIPALITY
SREEKANTAN NAIR
THE KANHANGAD MUNICIPAL COUNCIL
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
