The petitioner sought to quash a work order and direct the respondents to award a contract under a tender. The Court held that the contract period ended on 28 November 2014, making the petition infructuous and liable for dismissal.
Petition dismissed as infructuous due to the expiry of the contract period.
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 K.HARILAL
SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937
WP(C).No. 10286 of 2012 (I)
PETITIONER(S):
LEKHA G., SECRETARY, M/S PRATHEEKSHA VANITHA KUDUMBASREE UNIT REGISTRATION NO.308/2011, THUNDUVILA, PAYATTUVILA.P.O. THIRUVANANTHAPURAM-695501.
BY ADVS.SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR
RESPONDENT(S):
1. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION LTD., KERALA STATE BEVERAGES CORPORATION, SASTHAMANGALAM, THIRUVANANTHAPURAM-10.
2. THE MANAGER, KERALA STATE BEVARAGES (M&M) CORPORATION LTD., FL-9, WARE HOUSE RUSSELPURAM, BALARAMAPURAM.
3. SECRETARY,
4. SECRETARY, SNDP VANITHA SANGHAM, NO.4064, RUSSALPURAM .P.O., BALARAMAPURAM, THIRUVANANTHAPURAM, PIN-695501.
5. SECRETARY,
ADDL.6. M.K.NADEERA CHARGE OFFICER KUDUMBASREE COMMUNITY DEVELOPMENT SOCIETY BALARAMAPURAM.
...2
WP(C).No. 10286 of 2012 (I)
(2)
ADDL.7. S.RENJITHKUMAR , THEEYAMBOORKONAM, KIZHAKKINKARA, PUTHENVEEDU, RESSALPURAM, BALARAMAPURAM.
ADDL.8. DINESHKUMAR SECRETARY BALARAMAPURAM GRAMAPANCHAYAT BALARAMAPURAM.
ADDL.9. VASANTHAKUMARI CHAIR PERSON, BALARAMAPURAM GRAMA PANCHAYAT KUDUMBASREE COMMUNITY DEVELOPMENT SOCIETY BALARAMAPURAM.
ADDL.10. BINDHU MEMBER SECRETARY, BALARAMPURAM GRAMA PANCHAYAT KUDUMBSREE COMMUNITY DEVELOPMENT SOCIETY BALARAMAPURAM.
(ADDL. R6 TO R10 ARE IMPLEADED AS PER ORDER DATED 13/12/2012 IN IA 9248/2012.) R1,2 BY ADV. SRI.C.S.AJITH PRAKASH,SC,BEVERAGES CORP. R3 BY ADV. SRI.G.P.SHINOD R3 BY ADV. SRI.RAM MOHAN.G. R3 BY ADV. SRI.MANU V. ADDL. R9,R10 BY ADV. SRI.M.R.RAJESH ADDL.R7 BY ADV. SRI.T.N.MANOJ ADDL.R8 BY ADV. SRI.C.J.JOY R6 BY ADV. SRI.R.SARATHKRISHNAN ADDL.R10 BY ADV. SRI.R.V.SREEJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-112015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10286 of 2012 (I)
PETITIONER(S) EXHIBITS :
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WP(C).No. 10286 of 2012 (I) (2)
EXT-P18 . TRUE COPY OF THE JUDGMENT DATED 22.3.2012 IN W.A.559 OF 2012.
RESPONDENTS' EXHIBITS :
EXT.R6(A): TRUE COPY OF THE COMMUNICATION DT.18.6.10. EXT.R6(B): TRUE COPY OF THE CERTIFICATE DT.5.6.11 ISSUED TO VIGNESWARA BY THE CHAIRPERSON AND THE THEN MEMBER SECRETARY EXT.R6(C): TRUE COPY OF THE COMMUNICATION DT.16.7.12
OKB
True copy
P.A. to Judge
K.HARILAL, J.
W.P.(C) No.10286 of 2012
Dated this the 21st day of November, 2015.
JUDGMENT
This writ petition has been filed with the following prayers:
WP(C).10286/12-I :2:
K. HARILAL, JUDGE
okb.
1 issue framed by the court
Whether a writ petition seeking quashing of a tender award and mandatory award of contract survives beyond the expiry of the contract period.
Lekha G.
Kerala State Beverages Corporation Ltd.
Kerala State Beverages (M&M) Corporation Ltd.
Vigneswara Kudumbasree
Sndp Vanitha Sangham
Vanitha Welfare Sangham
K.Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
