The Division Bench upheld an interim order staying the final awarding of a tender and linked related pending writ petitions to ensure expedited disposal before the writ court.
Interim stay on tender awarding to remain valid until the writ petition is disposed of; connected matters to be disposed within two months.
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.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
WA.No.637 OF 2020
AGAINST THE ORDER IN WP(C) 7526/2020(M) OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
D.GOPINATH, S/O. DAMODARA PANICKER, AGED 51, MANAGING PARTNER, SAKTHI TRADERS, ERUVA P.O., KAYAMKULAM.
BY ADVS.
SRI.K.R.SUNIL SRI.K.B.PRADEEP
RESPONDENTS/RESPONDENTS:
W.A.637/2020
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4 SHYNI MARTIN, RING ROSE TRADERS, KURISHINGAL HOUSE, ELAMAKKARA P.O., ERNAKULAM-682026.
5 T.A.SALIM, S/O. T.A. ALIYAR, THALAKKOTTIL HOUSE, VATTEKKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE P.O., ERNKULAM DISTRICT-682030.
6 M.M. ALI, S/O. MOIDEEN, MATTAPPALLIL HOUSE, ARAKKAKADAVU, VENNALA P.O., KAKKANAD VILLAGE, ERNAKULAM682028.
7 ISMAIL P.B., S/O. M.A. BAVA, PADINJAKKARA HOUSE, VATTEKKUNNAM, NJALAKAM DESOM, THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT-682030.
8 C.K. ANOOB, S/O. ABDULKHADER, CHERUPULLIPARAMBIL HOUSE, VENNALA P.O., CHALIKKAVATTOM, ERNAKULAM DISTRICT PIN-682028.
9 THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, P.M.G., VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
R4 BY ADV. SRI.LINDONS C.DAVIS R4 BY ADV. SMT.E.U.DHANYA R5-8 BY ADV. SRI.R.SANJITH R5-8 BY ADV. SMT.C.S.SINDHU KRISHNAH SR.GOVERNMENT PLEADER-SMT.K.R.DEEPA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Ravikumar, J.
This appeal is directed against interim order dated 17.3.2020 passed in W.P.(C)No.7526/2020. While admitting the matter, this Court ordered that re-tender, if any, conducted should not be finalised till 31.3.2020. In fact, as per the said order, the matter was listed for further consideration on 31.3.2020. It is aggrieved by the said order that the writ petitioner moved this appeal.
“There will be an interim order directing the respondents 2 and 3 not to enter into any final agreement with regard to awarding of tender to respondents 4 to 8 for a period of 4 weeks.”
The said order stood extended from time to time as per the orders of a Full Bench of this Court in W.P.(C) No.9400/2020. The respondents herein filed I.A.No.3/2020 for vacating the order of stay. When this matter is taken up for consideration, it is submitted by the learned
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counsel on both sides that certain connected matters viz., W.P.(C) Nos.6241/2020, 6643/2020, 6940/2020 and 7173/2020 are pending before the writ court. It is further submitted that though the said writ petitions are listed for further consideration before the writ court, the matters were adjourned taking note of the pendency of this appeal.
counsel for respondents 5 to 8, the learned counsel for the fourth respondent and the learned Government Pleader.
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on merits as also taking note of the the pendency of similar connected matters, the appeal can be disposed of on the following lines:-
Let the interim order passed by the Division Bench remain valid till the writ petition is finally disposed of. In such circumstances, let W.P.(C) No.7526/2020 be posted along with connected matters. We request the learned Single Judge to dispose of W.P.(C) No.7526/2020 and the connected matters expeditiously, preferably, within a period of two months taking note of the fact that the tender itself is for one year from 1.4.2020.
Appeal is disposed of.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL
JUDGE
spc/
1 issue framed by the court
Whether the appeal against an interim stay on tender awarding should be disposed of given the pendency of connected writ petitions.
D. Gopinath
The State of Kerala
The Controller of Stationery
The Deputy Controller of Stationery
Shyny Martin
T. A. Salim
C.T. Ravikumar
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
