Writ petition challenging tender proceedings and contract termination was dismissed as infructuous because the subject matter was settled at a government level meeting. The accompanying contempt of court case was also closed.
Writ petition dismissed as infructuous; Contempt case closed.
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 SHAJI P.CHALY
THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941
Con.Case(C).No. 224 of 2016 IN WP(C). 33468/2015
AGAINST THE ORDER/JUDGMENT IN WPC 33468/2015 of HIGH COURT OF KERALA DATED 22-12-2015
PETITIONER/PETITIONER:
SUJITH N.G. S/O.GOPI.N.P,RESIDING AT NEDUMPURAM HOUSE,PARAPPURAM.P.O,KANJOOR,KALADY,PIN-683593.
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENT/4TH RESPONDENT:
GUGULLOTH LAKSHMAN, IPS, AGED 42 YEARS, S/O.GOLIYA GUGULLOTH, MANAGING DIRECTOR, TRAVANCORE CEMENTS, RESIDING AT TRAVANCORE CEMENTS GUEST HOUSE, THE TRAVANCORE CEMENTS LTD, NATTAKAM, KOTTAYAM 686 013.
BY ADV. SMT.LATHA ANAND
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 06.06.2019, ALONG WITH WP(C).4514/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941
WP(C).No. 4514 of 2016
PETITIONER:
SUJITH N.G.
S/O.GOPI N.P., RESIDING AT NEDUMPURAM HOUSE,PARAPPURAM P.O., KANJOOR, KALADY, PIN - 683 593.
BY ADV. SRI.V.S.SREEJITH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 695 001.
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
3
BY ADVS.
GOVERNMENT PLEADER SMT.LATHA ANAND, SC, TRAVANCORE CEMENTS LTD. SRI.P.BENNY THOMAS SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH (SR.) R1 AND R2 BY SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.06.2019, ALONG WITH Con.Case(C).224/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
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JUDGMENT
[ WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C).33468/2015 ]
This writ petition is filed by the petitioner seeking the following
reliefs:
(ii) issue a writ of Certiorari or any other appropriate writ, order or direction quashing Ext.P19 passed by the 1st respondent.
(iii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to convene a high-level meeting as directed by this Hon'ble Court in Ext.P16 judgment and to comply with the directions therein, and to further prohibit the 4th respondent from proceeding in any manner with the tender proceedings initiated vide Exts.P14,P17 and P18 pending decision taken at the high-level meeting to be convened by the 1st respondent;
(iv) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to allow Ext.P10 request of the petitioner and grant him
5
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
further extension of time by a period of 180 working days in order to complete the work under Ext.P2 agreement and the supplemental agreements or in the alternative, issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to compensate the petitioner for the work already completed and pay damages as may be fixed by this Hon'ble Court for the losses sustained by the petitioner due to the termination of the contract by the respondents;
(v) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to permit the petitioner to complete his work in tune with Ext.P2 agreement and the supplemental agreements without obstruction or hindrance from the side of the respondents;
(vi) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 5th respondent (or an advocate commissioner) to inspect the 60000M3 of “the so called waste concentrate” which has been dredged out and report on whether the same is “waste concentrate” or puddle clay which is dredged out by the 4th respondent; and if found that both are the same to pass appropriate orders quashing the Exts.P14,P17 and P18 and also permit the petitioner to complete his work in tune with Ext.P2 agreement and the supplemental agreements without obstruction or hindrance from the
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
6
side of the respondents.”
subject matter is settled at Government level meeting and the writ petition has become infructuous. Therefore the writ petition is dismissed as infructuous.
In that view of the matter I do not think anything survives to be considered in the contempt case also. Contempt case is also closed accordingly.
Sd/-
SCS
SHAJI P.CHALY JUDGE
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
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APPENDIX OF CON.CASE 224/2016
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 22.12.2015 OF THIS HON'BLE COURT IN WPC(C)NO.33468 OF 2015 ANNEXURE A2 TRUE COPY OF THE NOTICE INVITING TENDER ISSUED BY TRAVANCORE CEMENTS LTD.DATED 05.12.2015 ANNEXURE A3 TRUE COPY OF THE TENDER DOCUMENT DATED 05.12.2015.
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
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APPENDIX OF WP(C) 4514/2016
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE TENDER NOTICE BEARING NO.KCCP/TENDER/2188/2013-14 DATED 1.1.2014, ISSUED BY THE 3RD RESPONDENT |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DEED OF AGREEMENT BEARING NO.09/2013-14 DATED 25.2.2014 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT |
| EXHIBIT P3 | TRUE COPY OF LETTER DATED 8.7.2014 FROM THE PETITIONER TO THE MANAGING DIRECTOR OF THE 3RD RESPONDENT |
| EXHIBIT P4 | TRUE COPY OF THE LETTER DATED 23.8.2014 SENT BY THE PETITIONER TO THE 3RD RESPONDENT |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 27.8.2014 SENT BY THE PETITIONER TO THE 3RD RESPONDENT |
| EXHIBIT P6 | TRUE COPY OF THE NEWSPAPER REPORT IN KERALA KAUMUDI DAILY DATED 17.8.2015 |
| EXHIBIT P7 | TRUE COPY OF THE LETTER NO.KCCP/DAM DE- SIL/1152/2014-15 DATED 1.9.2014 FROM THE 3RD RESPONDENT TO THE PETITIONER |
| EXHIBIT P8 | TRUE COPY OF THE SUPPLEMENTAL AGREEMENT NO.1 TO THE ORIGINAL AGREEMENT NO.9/2013-14 DATED 25.2.2014 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT |
| EXHIBIT P9 | TRUE COPY OF THE SUPPLEMENTAL AGREEMENT NO.2 TO THE ORIGINAL AGREEMENT NO.9/2013-14 DATED 26.6.2015 EXECUTED BETWEEN THE 2ND RESPONDENT AND THE 3RD RESPONDENT EXTENDING THE TIME UPTO 30.9.2015 |
| EXHIBIT P10 | TRUE COPY OF A LETTER DATED 21.9.2015 SENT BY THE PETITIONER TO THE 3RD RESPONDENT |
| EXHIBIT P11 | TRUE COPY OF THE NOTICE INVITING TENDER DOWNLOADED FROM THE E-TENDERING WEBSITE OF THE GOVERNMENT OF KERALA. |
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
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| EXHIBIT P12 | TRUE COPY OF THE TENDER DETAILS DATED 1.11.2015 DOWNLOADED FROM THE E-TENDERING WEBSITE OF THE GOVERNMENT OF KERALA. |
|---|---|
| EXHIBIT P13 | TRUE COPY OF INTERIM ORDER DATED 3.11.2015 |
| EXHIBIT P14 | TRUE COPY OF THE LETTER DATED 16.11.2015 SENT BY THE 3RD RESPONDENT TO THE PETITIONER |
| EXHIBIT P15 | TRUE COPY OF THE LETTER DATED 16.10.2015 SENT BY THE IST RESPONDENT TO THE 3RD RESPONDENT DECLINING FURTHER EXTENSION OF TIME |
| EXHIBIT P16 | TRUE COPY OF JUDGEMENT DATED 22.12.2015 OF THIS HON'BLE COURT IN WPC NO.33468 OF 2015. |
| EXHIBIT P17 | TRUE COPY OF THE NOTICE INVITING TENDERS ISSUED BY TRAVANCORE CEMENTS LTD., DATED 5.12.2015 |
| EXHIBIT P18 | TRUE COPY OF THE TENDER DOCUMENT DATED 5.12.2015 |
| EXHIBIT P19 | TRUE COPY OF THE ORDER DATED 11.02.2016 PASSED BY THE 1ST RESPONDENT. |
| EXHIBIT P20 | TRUE COPY OF THE ORDER DATED 17.12.2013 |
| PASSED BY THE 1ST RESPONDENT |
RESPONDENTS' EXHIBITS:
| EXHIBIT R4(a) | TRUE COPY OF ORDER OF THE 1ST RESPONDENT |
|---|---|
| DATED 11.02.2016 | |
| EXHIBIT R2(a) | TRUE COPY OF THE JUDGEMENT DATED 22.12.2015 |
| IN WP(C)33468/15 | |
| EXHIBIT R2(b) | TRUE COPY OF THE AGREEMENT |
| NO.4/DIR/INDT/2014-15 DATED 30.05.2014 |
WP(C).4514/2016 & Con.Case(C) 224/2016 in WP(C) No.33468/15
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EXHIBIT R2(c) TRUE COPY OF THE MINUTES IN THE REVIEW MEETING CHAIRED BY THE HON'BLE CHIEF MINISTER ON 30.09.2015
EXHIBIT R2(d) TRUE COPY OF THE PROCEEDINGS NO.D5496/DIR/INDT/10 DATED 17.10.2015
EXHIBIT R2(e) TRUE COPY OF THE ORDER ISSUED IN COMPLIANCE TO THE JUDGEMENT OF HON'BLE HIGH COURT DATED 22.12.2015 IN WP(C) 33468/2015
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether the writ petition seeking quashing of tender proceedings and extension of contract time stands infructuous.
Whether the contempt petition regarding non-compliance with court orders survives.
Sujith N.G.
State of Kerala
The Director Inland Navigation
M/s Kerala Clays and Ceramics Products Ltd
The Travancore Cements Ltd
Kerala State Maritime Development Corporation Limited
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
