The Kerala High Court dismissed a writ petition filing challenging notices for contract termination, dismissing it as premature without a reply to the notices or a decision by the authority.
Writ petition dismissed; liberty reserved to approach Court again if adverse decision is taken based on notices.
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. 1784/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 19TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944
WP(C) NO. 1784 OF 2023
PETITIONER:
JOSEPH JUDE, AGED 56 YEARS, S/O. JOSEPH, PAZHEKKATT HOUSE, PALAMATTOM ROAD, EDAKOCHI, ERNAKULAM - 682006.
BY ADV. SRI.THOMSTINE K.AUGUSTINE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HARBOUR ENGINEERING, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001.
3 THE ASSISTANT EXECUTIVE ENGINEER OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, HARBOUR ENGINEERING DEPARTMENT, FISHERY HARBOUR SUB DIVISION, PUTHIYAPPA, PUTHIYANGADI P.O., KOZHIKODE – 673021.
BY SRI.P.S.APPU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 1784/2023
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J U D G M E N T
th Dated this the 19 day of January 2023
The petitioner has been awarded the contract for conducting a locker room in the Chombal Fishing Harbour in Calicut. The locker room is meant for keeping small fiber fishing boats and its engines.
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WP(C) No. 1784/2023
Petition cannot be entertained since Exts.P-3 & P-4 are only
notices and the petitioner not even replied to the notice.
The Writ Petition is thus dismissed, reserving the petitioner's
liberty to approach this Court again if any adverse decision is taken based on Exts.P-3 & P-4 notices.
Sd/-
V. G. ARUN JUDGE
MMG
WP(C) No. 1784/2023
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APPENDIX OF WP(C).NO.1784/2023
PETITIONER'S EXHIBITS:
EXHIBIT P-1 TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF MONEY ISSUED BY THE 3RD RESPONDENT
EXHIBIT P-2 TRUE COPY OF THE LOCKER ROOM AND THE SMALL WATER TANK PLACED IN FRONT OF THE LOCKER ROOM
EXHIBIT P-3 TRUE COPY OF THE NOTICE DATED 16/12/2022 AFFIXED AT THE WALL OF THE LOCKER ROOM BY THE 3RD RESPONDENT EXHIBIT P-4 TRUE COPY OF THE NOTICE DATED 22.12.2022 ISSUED BY THE 3RD RESPONDENT
1 issue framed by the court
whether a writ petition challenging notices issued for potential contract termination can be entertained without the petitioner furnishing a reply and waiting for a decision by the competent authority
JOSEPH JUDE
STATE OF KERALA
THE CHIEF ENGINEER
THE ASSISTANT EXECUTIVE ENGINEER
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
