Dismissed

K.K.Builders v. State of Kerala

Kerala HC16 Dec 2022WA/916/2022

Case brief

AI extract

What is this about?

The appellant, K.K. Builders, filed a writ appeal challenging the rejection of their tender in a public procurement matter. Before the Court delivered its judgment, the appellant filed a memo stating they were no longer interested in pursuing the appeal. Consequently, the Court dismissed the writ appeal as not pressed.

What did the court decide?

The writ appeal was dismissed as not pressed in the interest of justice.

K.K.Builders Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2022)

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W. A. No. 916 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 16TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA,

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WA NO. 916 OF 2022

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AGAINST THE JUDGMENT WP(C) 20478/2022 OF HIGH COURT OF
KERALA

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APPELLANT/S:

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K.K.BUILDERS

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CIVIL ENGINEERING CONTRACTORS, PERAVOOR, KANNUR
REPRESENTED BY ITS MANAGING PARTNER K.K.
MOHANDAS, S/O. KUNHIRAMAN, AGED 60 YEARS,
KOLANDHARA HOUSE, MELMURINGODI P.O.PERAVOOR,
KANNUR DISTRICT -670673.

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BY ADVS.
P.K.SURESH KUMAR (SR.)
CIBI THOMAS

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY ITS SECRETARY PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.

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2PROJECT DIRECTOR.
KERALA ROAD FUND BOARD,BALBHAVAN ROAD,
KOWDIAR,THIRUVANANTHAPURAM-695003.
BY ADV. K. P. HARISH, SR. GP

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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W. A. No. 916 of 2022

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J U D G M E N T

S. Manikumar, C. J.

Before the writ court, petitioner has sought for the following

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reliefs:-

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“(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to accept the tender submitted by the petitioner pursuant to Exhibit P1 notice and to consider its financial bid along with other tenders;

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(ii) call for the records relating to the decision taken for rejecting the tender submitted by the petitioner pursuant to Exhibit P1 notice and to quash the said decision (as revealed through Ext.P3 mail) by the issue of a writ of certiorari or other appropriate writ, order or direction;

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(iii) declare that the rejection of tender submitted by the petitioner at the technical bid stage was highly improper and illegal.”

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Mr. Cibi, Thomas, learned counsel for the appellant, has filed

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a not press memo dated 13.12.2022 in the writ appeal, which reads

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thus:-

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“It is most respectfully submitted that pursuant to the interim order of this Hon’ble Court consequential steps have

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W. A. No. 916 of 2022

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been taken by the respondents. In view of subsequent developments in the case the appellant is no longer interested in proceeding with the appeal.

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It is therefore prayed that this Hon’ble Court may be pleased to dismiss the writ appeal as not pressed in the interest or justice.”

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Placing on record the above memo dated 13.12.2022, instant writ

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appeal is dismissed as not pressed.

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Sd/S. MANIKUMAR CHIEF JUSTICE

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Sd/SHAJI P. CHALY JUDGE

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///TRUE COPY/// P. A. TO JUDGE

K.K.Builders v. State of Kerala

Case brief

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K.K.Builders v. State of Kerala

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