Najmal Babu M.I vs The Secretary To The Government
2022 Latest Caselaw 1467 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
                         W.P.(C) NO.24385 OF 2021
PETITIONER:

              NAJMAL BABU M.I.,
              AGED 37 YEARS, S/O. ISMAYIL,
              KATTUPARAMBIL HOUSE,
              MARIYATHURUTH P.O, KOTTAYAM, PIN-686 017.

              BY ADVS.C.A.CHACKO
                      C.M.CHARISMA
                      ALEKH THOMAS


RESPONDENTS:
     1     THE SECRETARY TO THE GOVERNMENT,
           DEPARTMENT OF FISHERIES AND POST,
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2        THE EXECUTIVE ENGINEER,
              HARBOUR ENGINEERING DIVISION,
              MUNICIPAL SATHRAM BUILDING,
              DISTRICT COURT ROAD, ALAPPUZHA, PIN-688 001.
     3        THE CHIEF ENGINEER,
              KERALA STATE RURAL ROADS DEVELOPMENT AGENCY (KSRRDA),
              5TH FLOOR, SIRAJ BHAVAN, NANDANCAUD,
              KAUDIYAR P.O, THIRUVANANTHAPURAM, PIN-695 003.
     4        MUHAMMA GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY,
              MUHAMMA P.O, ALAPPUZHA-688 525.
     5        THE SECRETARY,
              MUHAMMA GRAMA PANCHAYATH,
              MUHAMMA P.O, ALAPPUZHA-688 525.

              ADV.VIDYA KURIAKOSE, GOVERNMENT PLEADER

              BY ADV. J. OM PRAKASH
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.24385 OF 2021
                                    -2-

                    P.V. KUNHIKRISHNAN, J.
           -----------------------------------------------
                   W.P.(C) No.24385 of 2021
           -----------------------------------------------
           Dated this the 2nd day of February, 2022

                              JUDGMENT

The above writ petition is filed with the following

prayers:-

"i) declare that tendering of Kannadikavala nkr to Pathiramanal Boat Jetty road for upgradation vide Ext.P8 e-tender notice including 800 metres of Kallapuram-KSEB road in ward no.12 of 4 th respondent Panchayat is illegal;

ii) issue a Writ of Mandamus or any other appropriate writ, order or direction to the respondents to permit the petitioner to continue with the work entrusted with him in the light of Ext.P5 to Ext.P7. "

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that in the light of

Ext.P10, this writ petition can be closed. Therefore, this writ

petition is closed in the light of Ext.P10.

Sd/-

P.V. KUNHIKRISHNAN JUDGE bpr W.P.(C) NO.24385 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE GO(RT) NO.

489/2020/FPD DATED 7.9.2020.

EXHIBIT P2 TRUE COPY OF RESOLUTION DATED 29.09.2020 OF THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 9.10.2020 OF 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF E-TENDER NOTICE DATED 11.08.2021 ISSUED BY 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF SANCTION LETTER DATED 18.09.2021 ISSUED BY 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF AGREEMENT DATED 28.09.2021 EXECUTED WITH THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE DATED 06.10.2021.

EXHIBIT P8 TRUE COPY OF E-TENDER NOTICE DATED 27.10.2021 ISSUED BY 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF REPRESENTATION MADE BEFORE 2ND RESPONDENT DATED 1.11.2021.

EXHIBIT P10 TRUE COPY OF MINUTES OF 4TH RESPONDENT'S MEETING DATED 18.12.2021.