The High Court of Kerala dismissed a writ appeal filed by a flour mill company seeking withdrawal with liberty to file a review petition in the Single Judge due to subsequent developments affecting the impugned judgment.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
MONDAY, THE 08TH DAY OF JULY 2019 / 17TH ASHADHA, 1941
WA.No.1581 of 2019
AGAINST THE JUDGMENT IN WP(C) 16437/2019 of HIGHCOURT DATED 17.06.2019
APPELLANT/WRIT PETITIIONER:
KHEMKA FLOUR MILLS PVT. LTD. REGISTERED OFFICE AT 6/1183, KUNHIPARI BUILDING, CHEROOTTY ROAD, KOZHIKODE-673032., REPRESENTED BY ITS DIRECTOR, N.K. KHALID.
BY ADVS. SRI.P.GOPINATH (SR.) SRI.JAI MOHAN SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.M.GOPIKRISHNAN NAMBIAR SRI.PAULOSE C. ABRAHAM
RESPONDENT/RESPONDENTS AND ADDITIONAL 4TH RESPONDENT SOUGHT TO BE IMPLEMENTED:
1 THE KERALA STATE CIVIL SUPPLIES CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,MAVELI BHAVAN,GANDHI NAGAR, KADAVANTHRA, KOCHI-PIN-682020.
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R1 TO R3 GP-SRI.SYAMJI RAM R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.K. ABDUL REHIM
&
R. NARAYANA PISHARADI, JJ.
Writ Appeal No.1581 OF 2019
Dated this the 8th day of July, 2019
JUDGMENT
Abdul Rehim,J
After arguing the case for admission, for sometime, learned Senior Counsel appearing for the appellant sought permission for withdrawal of the appeal, with liberty reserved to the appellant to approach the learned Single Judge with a review petition, because of the subsequent developments occurred after the impugned judgment.
Permission is granted. The above writ appeal is hereby dismissed by reserving liberty of the appellant to approach the Single Judge in a review petition, if so advised.
Sd/- C.K. ABDUL REHIM, JUDGE .
Sd/-R. NARAYANA PISHARADI, JUDGE .
lsn
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE LIST OF QUALIFIED/DISQUALIFIED TENDERERS UPLOADED BY THE 1ST RESPONDENT ON 02.07.2019 ON THE E-TENDERING WEBSITE.
ANNEXURE B TRUE COPY OF THE COVER OF THE PRODUCT OF THE 1ST RESPONDENT (FOR THE PREVIOUS PERIOD) WHICH SHOWS THE NAMES OF THE SEVEN FIRMS/COMPANIES ENGAGED IN THE MANUFACTURING ACTIVITY EARLIER.
ANNEXURE C TRUE COPY OF THE CERTIFICATE OF AUTHORIZATION (AGMARK) DATED 31.05.2019 ISSUED IN FAVOUR SHREE RAHUL FLOUR MILL PVT.LTD
ANNEXURE D TRUE COPY OF THE CERTIFICATE OF AUTHORIZATION (AGMARK) DATED 31.05.2019 ISSUED IN FAVOUR M/S. PREMIER AGRO PRODUCT PVT.LTD.
ANNEXURE E TRUE COPY OF THE CERTIFICATE OF AUTHORIZATION(AGMARK) DATED 31.05.2019 ISSUED IN FAVOUR M/S. SUNDER WHEAT ROLLER FLOUR MILLS PVT LTD.
ANNEXURE F TRUE COPY OF THE CERTIFICATE OF AUTHORIZATION (AGMARK) DATED 31.05.2019 ISSUED IN FAVOUR M/S. MALAPPURAM ROLLER FLOUR MILLS.
ANNEXURE G TRUE COPY OF THE CERTIFICATE OF AUTHORIZATION (AGMARK) DATED 31.05.2019 ISSUED IN FAVOUR M/S. VELIYATH AGRO INDUSTRIES PVT LTD.
ANNEXURE H TRUE COPY OF THE CERITIFICATE OF AUTHORIZATION (AGMARK) DATED 31.05.2019 ISSUED IN FAVOUR M/S. PUNATHIL ROLLER FLOUR MILLS PVT LTD.
ANNEXURE I TRUE COPY OF THE DIRECTIVES ISSUED BY THE STATE OF KERALA DATED 28.05.2019 BEARING
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NO.1986615/B3/2017/
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
KHEMKA FLOUR MILLS PVT. LTD.
THE KERALA STATE CIVIL SUPPLIES CORPORATION
MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION
STATE OF KERALA
ASSISTANT AGRICULTURAL MARKETING ADVISOR
C.K. ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
