Kerala High Court
Laxmi Cranes & Trailers vs State Of Kerala on 5 April, 2022
W. A. No. 1747 of 2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WA NO. 1747 OF 2021
AGAINST THE JUDGMENT IN WP(C) 28948/2021 OF HIGH COURT OF KERALA
APPELLANT/S:
LAXMI CRANES & TRAILERS
REGIONAL OFFICE AT KUNDANNOOR, MARAUD, KOCHI,
REPRESENTED BY ITS MANAGING DIRECTOR, MR. BHASY K.
NAIR.
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
PAUL C THOMAS
BABU M.
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
RICHU THERESA ROBERT
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRY
AND COMMERCE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 TRANSFORMERS AND ELECTRICALS KERALA LIMITED
ANGAMALY SOUTH P. O., ERNAKULAM DISTRICT, PIN -
683573, REPRESENTED BY ITS MANAGING DIRECTOR.
3 THE MANAGING DIRECTOR
TRANSFORMERS AND ELECTRICALS KERALA LIMITED, ANGAMALY
SOUTH P. O., ERNAKULAM DISTRICT, PIN - 683573.
4 THE SENIOR MANAGER
MARKETING AND FACTORY SERVICES, TRANSFORMERS AND
ELECTRICALS KERALA LIMITED, ANGAMALY SOUTH P. O.,
ERNAKULAM DISTRICT, PIN - 683573.
BY ADV SAJI VARGHESE T.G
SRI. TEK CHAND, SR GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1747 of 2021 -2-
JUDGMENT
S. Manikumar, C.J.
W. P. (C) No. 28948 of 2021 has been filed for the following
reliefs:-
"i) to call for the records leading to Exhibit P5
communication and Exhibit P6 tender summary report and
peruse the same and to quash or set aside the proceedings by
which Exhibit P1 tender of the petitioner company was rejected
and to declare that Exhibit PS and Exhibit PG are arbitrary and
illegal to the extent of the rejection of the petitioner's tender for
the subject work.
ii) to declare that since the petitioner company has
become L1 in the Exhibit P1 tender proceedings it is entitled to
carry out the work to the exclusion of any other participants in
the subject tender.
iii) to issue a writ of mandamus or any other appropriate
writ order or direction commanding the 2 nd and 3rd respondents.
To award the work of "Transportation and Unloading of 1 No.
315 MVA transport main body (No: 140215) from TELK,
Angamaly, to M/S Chhattisgarh State Power Transmission
Corporation Ltd as per tender reference No.
MK/6412/21/QTN/KVB/4217MB, to the petitioner company as
it is found to be L1 in the tender proceedings, in the interest of
Justice.
iv) to issue a writ of mandamus or any other appropriate
order or direction directing the 2 nd respondent company and its
officials, not to grant the tendered work as per reference No:
MK/6412/21/QTN/KVB/4217MB, to any other participants other
than the petitioner in the tender, until disposal of the Writ
Petition."
2. Writ court, by judgment dated 22.12.2021, dismissed the writ
petition.
3. Being aggrieved, instant writ appeal is filed.
4. On the basis of I. A. No. 1 of 2022, appellant seeks
permission to withdraw the writ appeal.
5. Reasons assigned in paragraph No. 2 of the supporting
affidavit reads thus:-
"2. It is submitted that the main reason for the challenge
is under the belief that the observation made in the tender
evaluation minutes will constitute a stigma in future, while
participating in the next tender. Thereafter certain discussions
were held with the Management and now therefore the appellant
desires to withdraw the above Writ Appeal unconditionally.
Hence filing an accompanying petition to withdraw the above
Writ Appeal, which may kindly be allowed."
Placing on record the above, writ appeal is dismissed as
withdrawn.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
Eb
