Sivasankara Pillai vs The State Of Kerala
2021 Latest Caselaw 19415 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                      WP(C) NO. 9548 OF 2011
PETITIONER:

            SIVASANKARA PILLAI
            S/O.LATE KUNJAN PILLAI, PRESIDENT, ALLEPPEY,
            DISTRICT EX-SERVICEMEN SECURITY GUARDS LABOUR,
            CONTRACT CO-OPERATIVE SOCIETY LTD.NO.A.862,,
            SANKARAMANGALAM, THAMALLAKKAL, HARIPAD-690549.
            BY ADVS.
            SRI.R.T.PRADEEP
            SRI.V.VIJULAL

RESPONDENTS:

    1       THE STATE OF KERALA
            CHIEF SECRETARY, GOVERNMENT OF KERALA,,
            SECRETARIAT, THIRUVANANTHAPURAM-695001
    2       THE SECRETARY GENERAL ADMINISTRATION
            (SAINIK WELFARE) DEPARTMENT, SECRETARIAT,,
            THIRUVANANTHAPURAM-695001
    3       DIRECTOR DIRECTORATE OF SAINIK WELFARE
            VIKAS BHAVAN, THIRUVANANTHAPURAM-695001
    4       KERALA STATE ELECTRICITY BOARD
            REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN,,
            PATTOM, THIRUVANANTHAPURAM-695001
    5       KERALA STATE EX-SERVICEMEN DEVELOPMENT
            AND REHABILITATION CORPORATION (KEXCON),,
            REPRESENTED BY ITS MANAGING DIRECTOR,, (KEXCON,
            THIRUVANANTHAPURAM.-695001
            BY ADV SRI.N.SATHEESH

OTHER PRESENT:

            SMT. VIDYA KURIAKOSE GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   16.09.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.9548/2011

                                        2




                      P.V.KUNHIKRISHNAN, J.
                        -------------------------------
                       W.P.(C).No.9548 of 2011
                ----------------------------------------------
            Dated this the 16th day of September, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P4 and granting preference to organisations recognised by Zilla Sainik Board in Ext.P9, P10 and P11.

ii. To issue a writ of mandamus or any other appropriate writ, order or direction to respondents to implement Ext.P2 in letter and spirit in the award of contract of security service. iii. To grant such other reliefs as may be prayed for and which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

2. This writ petition is filed mainly challenging Ext.P4.

Today, when this writ petition came up for consideration, the

Government Pleader submitted that based on Ext.P4, the

Government passed Ext.R1(b) and in the light of Ext.R1(b),

KSEB can engage security staff only from the Kerala State Ex- W.P.(C).No.9548/2011

Servicemen Development and Rehabilitation Corporation

(KEXCON). Ext.R1(b) is not challenged.

3. In the light of Ext.R1(b), Ext.P4 will not stand.

Ext.R1(b) is not challenged. According to me, this writ

petition is infructuous.

Hence, this writ petition is dismissed as infructuous.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.9548/2011

APPENDIX OF WP(C) 9548/2011

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GUIDELINES Exhibit P2 TRUE COPY OF G.O.(MS) NO.179/05/GAD DATED 04.06.2005 BY SAINIK WELFARE DEPT.

Exhibit P3 TRUE COPY OF LIST OF RECOGNISED ORGANISATIONS Exhibit P4 TRUE COPY OF THE CIRCULAR DATED 25.04.2008 Exhibit P5 TRUE COPY OF G.O.(MS) NO.284/74/AD DATED 28.10.1974 Exhibit P6 TRUE COPY OF TENDER NOTICE DATED 05.05.2010 OF KSEB Exhibit P7 TRUE COPY OF REPRESENTATION DATED 22.06.2010 OF PETITIONER Exhibit P8 TRUE COPY OF REPRESENTATION DATED 22.01.2011 Exhibit P9 TRUE COPY OF TENDER NOTICE NO.T.D./P.T.A./23/2010-11 DATED 03.03.2011 Exhibit P10 TRUE COPY OF TENDER NOTICE NO.T.D./P.T.A./24/2010-11 DATED 03.03.2011 Exhibit P11 TRUE COPY OF TENDER NOTICE NO.SSDK-

6/10-11 DATED 08.03.2011 Exhibit P12 TRUE COPY OF NOTICE NO.AEE/EDN/TN/11/2010-11 DATED 07.03.2011 Exhibit P13 TRUE COPY OF NOTICE NO.AEE/TCSD-PLR/16-

10-11 DATED 09.03.2011 Exhibit P14 TRUE COPY OF NOTICE NO.AEE/TCSD-PLR/17-

10-11 DATED 09.03.2011

RESPONDENTS' EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE LETTER DATED 2112//SA/1356/EMP DATED 09.12.2003 EXHIBIT R1(B) TRUE COPY OF HTE CIRCULAR NO.ESTT.V/5463/2005 DATED 05.08.2009