In a writ appeal against a lower court judgment concerning a contract award, the court noted the respondent had declared a fresh tender during pendency. The appeal was dismissed without adjudicating the appellant's contentions.
The writ appeal is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WA.No. 1416 of 2009() --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.9171/2009 Dated 24/03/2009 ....................
APPELLANT(S): PETITIONER -----------------------M.K.JOSE, PWD.CONTRACTOR, MAROTTIKUZHIYIL HOUSE, PO, PADIMARUTHU, (VIA)ANANDASRAM PIN: 671531, KASARGOD DIST. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.BIJIMON C.CHERIAN SRI.DIJO SEBASTIAN SRI.SABU JOSE RESPONDENT(S): RESPONDENT ------------------------THE MANAGING DIRECTOR, KERALA HEALTH RESEARACH & WELFARE SOCIETY, (KHRWS), GENERAL HOSPITAL COMPOUND, RED CROSS ROAD, THIRUVANANTHAPURAM.
ADV. SRI.M.AJAY,SC,KERALA HEALTH RESEARCH&WE FOR R
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.R.BANNURMATH, C.J. &
KURIAN JOSEPH,J.
W.A.No.1416 of 2009
Dated this the 3rd day of August, 2009
JUDGMENT
Kurian Joseph,J.
Appellant is the writ petitioner. The issue pertains to award of a contract. During the pendency of the proceedings before this court it is seen that the respondent has gone for a fresh tender in which the appellant has not participated. In that view of the matter we do not think that this court, at this stage, should go into the various contentions taken by the appellant. It is also made clear that it will be open to the petitioner, in case he has any surviving grievance, to work out such grievance in appropriate proceedings and in that event the observations and findings in the judgment of the learned single Judge shall not stand in the way of such course of action being pursued by the writ petitioner in accordance with law.
Subject to the above observation, the writ appeal is dismissed.
S.R.BANNURMATH, Chief Justice
KURIAN JOSEPH, Judge
ahg.
BANNURMATH, C.J. & KURIAN JOSEPH,J. ---------------------------
W.A.No.1416 of 2009
JUDGMENT
3rd August, 2009
M.K. JOSE
THE MANAGING DIRECTOR, KERALA HEALTH RESEARCH & WELFARE SOCIETY
MR. S.R. BANNURMATH
KURIAN JOSEPH
As recorded by the court registry
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