Petitioner sought extension and protection of a security service work allotment which had already expired. The court held the interim order permitting the work had lapsed due to expiry, thus nothing survived in the petition.
The writ petition was closed as the interim order permitting the work had lapsed upon expiry of the period covered.
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.
WP(C) NO. 2641 OF 2010
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943
WP(C) NO. 2641 OF 2010
PETITIONER/S:
M/S EMINENT SECURITY
REP. BY ITS PROPRIETOR,, LT.COL.(RTD.) R.S.NAIR,, TC 4/2112(2), EAST PATTOM, PATTOM PALACE P.O.,, THIRUVANANTHAPURAM-695 004.
BY ADV M/S.EMINENT SECURITY (PARTY)
RESPONDENT/S:
1 GOVT.OF INDIA MINISTRY OF DEFENCE,, REP. BY ITS DIRECTOR - GENERAL OF RE-SETTLEMENT,, MINISTRY OF DEFENCE, NEW DELHI.
2 THE CHIEF AIRPORT TERMINAL MANAGER INDIAN OIL CORPORATION LTD.,, MARKETING DIVISION, AVIATION FUEL STATION,, CALICUT AIRPORT, PIN-673 647.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL,SR.PANEL
OTHER PRESENT:
SRI.E.K.NANDAKUMAR, SC, SRI.S.MANU, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2641 OF 2010
2
P.V.KUNHIKRISHNAN, J
W.P.(C.) No.2641 of 2010
Dated this the 16th day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers :
“(a) To declare that the petitioner is entitled for extension of the work allotment referred to in Exts.P-17 & P-18 for a further period of 2 years from 1-11-2009 after the expiry of the initial 2 year work allotment period.
(b) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the respondents not to allot the work of security service coverage in the work sites of the 2nd respondent in the Aviation Fuel Station, Calicut Airport allotted to the Petitioner in pursuance of Exts. P-16, P-17 & P-18 to any person or agency other than the Petitioner, for another 2 year period from 1-11-2009.
(c) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the respondents to allot to the Petitioner the aforementioned work of security coverage in the Calicut Airport's Aviation Fuel Station work site of the 2nd respondent allotted to the Petitioner in pursuance of Exts. P-16, P-17 & P-18 for the remainder portion of the further 2 year period from 1-112009.
(d) To issue any other appropriate Writ, order or direction, that this Hon'ble Court may deem fit to grant in the facts and circumstances of the case to meet the ends of justice and equity.”
2. When this writ petition came up for consideration,
this Court passed an interim order directing the respondents
WP(C) NO. 2641 OF 2010 3
to permit the petitioner to continue the work of security service coverage in the Calicut Airport Aviation Fuel Station worksites of the 2nd respondent referred to in Exts.P17 and P18 for the remainder portion of the further two years from 1.11.2009. The extended period is also over. In such circumstances, I think there is nothing survives in this writ petition.
Therefore, this writ petition is closed recording the interim order.
SD/-
P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 2641 OF 2010
4
APPENDIX
PETITIONER'S EXHIBITS
WP(C) NO. 2641 OF 2010
5
RESPONDENT'S EXHIBITS
EXT.R1(A) A PHOTOSTAT COPY OF THE OFFICE MEMORANDUM NO.6/22/93DPE(SC/ST) DATED 11.11.1994
EXT.R1(B) A PHOTOSTAT COPY OF THE INSTRUCTIONS FOR FUNCTIONING OF DGR EMPANELLED EX-SERVICEMEN SECURITY SAFETY AND FIRE PROTECTION MANAGEMENT AGENCIES.
EXT.R1(C) A PHOTOSTAT COPY OF THE LETTER NO.814/9/09 DATED 23.6.2009 ISSUED BY THE PETITIONER
EXT.R1(D) A PHOTOSTAT COPY OF THE OFFICE MEMORANDUM NO.6/22/93-DPE(SC/ST CELL) DATED 11.2.2005.
M/S EMINENT SECURITY
GOVT.OF INDIA MINISTRY OF DEFENCE
THE CHIEF AIRPORT TERMINAL MANAGER INDIAN OIL CORPORATION LTD.
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
