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Hashim Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2022)

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Kerala HC
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Hashim Vs State of KeralaHashim v. State of Kerala

Dismissed

Hashim v. State of Kerala

Kerala HC14 Dec 2022WA/847/2016

Case brief

AI extract

What is this about?

Writ appeal filed challenging interim order regarding She Opticals project became infructuous; Court dismissed the appeal accordingly.

What did the court decide?

None; writ appeal dismissed as infructuous.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

&

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

WEDNESDAY, THE 14^TH DAY OF DECEMBER 2022/23RD AGRAHAYANA, 1944

WA NO. 847 OF 2016

AGAINST THE INTERIM ORDER DATED 01.04.2016 IN W.P.(C.) NO. 10040/2016 OF HIGH COURT OF KERALA APPELLANT/PETITIONER IN W.P.(C.) NO. 10040/2016:

HASHIM AGED 51 YEARS, S/O.KUNHAMMED, SECRETARY, ALL KERALA OPTICAL ASSOCIATION, KALLEPPURAM, JEWS STREET, ERNAKULAM-18.

BY ADVS.SRI.C.R.SIVAKUMAR SRI.M.K.DAMODARAN SR.

RESPONDENTS/RESPONDENTS IN W.P.(C.) NO. 10040/2016:

Parties & counsel

AI extract

appellant
Hashim
respondent
The State of Kerala
respondent
Secretaries of Department of Health
respondent
Kerala State Women Development Corporation Ltd.
respondent
Director of Health Sciences
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 14 Dec 2022 · December
Registered: 20 Apr 2016
Case no.: WA/847/2016

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Cite this judgement

Hashim v. State of Kerala, WA/847/2016 (KL), decided on 14 December 2022.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

S. Manikumar and Shaji P. Chaly

Parties & counsel

Outcome

None; writ appeal dismissed as infructuous.

Detailed headnote1 paragraphs

Writ appeal filed against an interim order dated 1.04.2016 in a separate writ petition. Counsel for the appellant submitted that the writ appeal had become infructuous. No reasons were given for the claim of infraction. The Court dismissed the writ appeal as infructuous without engaging with the merits of the challenge to the project implementation.

A compact analysis

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.

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAN, PIN 695001.

2 THE SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN 695001.

3 THE STATE WOMEN DEVELOPMENT CORPORATION LTD. OPP.MANMOHAN BUNGLOW, KOWDIAR, THIRUVANANTHAPURAM, PIN 695003,

W.A. No. 847/2016

2

REPRESENTED BY ITS MANAGING DIRECTOR.

**4 [THE DIRECTOR OF HEALTH SCIENCE DIRECTORATE OF HEALTH SCIENCE, THIRUVANANTHAPURAM, PIN 695001.]

**** ADDRESS OF THE 4TH RESPONDENT IS CORRECTED.**

4 THE DIRECTOR OF HEALTH SERVICES DIRECTORATE OF HEALTH SERVICES THIRUVANANTHAPURAM, PIN – 695 001

CAUSE TITLE OF THE 4TH RESPONDENT IS CORRECTED AS PER ORDER DATED 06.10.2016 IN I.A. NO. 702/2016

*5 ADDITIONAL FIFTH RESPONDENT IMPLEADED

J.S.PRAKASH AGED 57 YEARS S/O.LATE P.J.JOSEPH, RESIDING AT ROSE DALE, PLOT NO.31, SANTHOSH NAGAR, MUTTADA P.O., THIRUVANANTHAPURAM, PIN-695025, MANAGING DIRECTOR, M/S. ROSE OPTHALMIC INDUSTRIES (P) LTD., STATUE ROAD, THIRUVANANTHAPURAM.

*IS IMPLEADED SUO MOTU AS ADDITIONAL 5TH RESPONDENT AS PER ORDER DTD.27.05.2016.

R1, R2 & R4 BY SRI.K.P. HARISH,SENIOR GOVERNMENT PLEADER R3 BY SRI.K.ANAND (SR.) SMT.LATHA ANAND R5 BY SRI.VINOD RAVINDRANATH SMT.MEENA.A. SRI.SAJU.S.A BY SRI.K.C.KIRAN

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A. No. 847/2016

3

JUDGMENT

S. Manikumar, C.J.

Before the writ court, the petitioner has sought for the following reliefs:-

“i To call for the records leading to Project of 'She Opticals' of the 3^rd respondent Corporation and declare the same is to be declare as an illegal and irregular project and direct the 3^rd respondent to kept in abeyance of the further projects of 'She Opticals' in the State till the disposal of the writ petition by issuing writ of certiorari

ii. Issue a writ of mandamus or any other appropriate writ order or direction directing the 1^st respondent to enquire the project of 'She Opticals' of the 3^rd respondent Corporation and its implementation with the help of the sole nodal agency called 'Rose Ophthalmic Industries Pvt. Ltd.'

iii. Issue a writ of mandamus or any other appropriate writ order or direction declare that, the selection of 'Rose Ophthalmic Industries Pvt. Ltd' as sole 'Nodal agency' to implement the project of 'She Opticals' in the State is illegal and irregular one.”

Today when the matter is taken up for consideration,

Mr. C.R.Sivakumar, learned counsel for the appellant, submitted that the writ appeal has become infructuous.

W.A. No. 847/2016

4

Placing on record the above submission, the writ appeal is

dismissed as infructuous.

Sd/-

S. MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

DCS/14.12.2022

J.S. Prakash

Coram

AI extract

S. Manikumar
Shaji P. Chaly

CNR

KLHC010457492016

Topic

Public Procurement and Tenders

Bench

S.manikumar Shaji P.chaly

Disposal

DISMISSED AS INFRUCTUOUS

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