Kerala High Court
Kottarakkara Public Works ... vs State Of Kerala on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 28276 OF 2012
AGAINST THE ORDER/JUDGMENT IN MJC 57/2022 OF HIGH COURT OF
KERALA
PETITIONER/S:
KOTTARAKKARA PUBLIC WORKS SKILLED WORKERS LABOUR
CONTRACT CO-OPERATIVE SOCIETY LTD
Q-459, KOTTARAKKARA, REPRESENTED BY ITS SECRETARY,
REJANI A.
BY ADV SRI.T.V.AJAYAKUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM -695001.
2 THE EXECUTIVE ENGINEER
KERALA PUBLIC WORKS DEPARTMENT, ROADS DIVISION,
KOLLAM.
3 ATHULKRISHNA
CHOORAKKANAD PUTHENVILA, CHERUPAIKA,
PAVITHRESWARAM P.O. KOTTARAKKARA.
BY ADV GOVERNMENT PLEADER,SMT.DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) No. 28276 of 2012 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 28276 of 2012
--------------------------------------
Dated this the 1st day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) to declare the petitioner is entitled to be awarded the
public contract works mentioned in Tender No. 252 in Ext.P4
notification on the basis of Ext.P1 and P3 Government Orders.
(ii) to issue a writ of Mandamus directing the 2 nd respondent
to award the contract work mentioned in Tender No.252 in
Ext.P4 notification to the petitioner.
(iii) to issue a writ of Mandamus or other appropriate writ,
direction or order directing the 2 nd respondent not to ward the
aforesaid contract work mentioned in Tender No.252 in Ext.P4
notification to the 3rd respondent.
(iv) to issue a writ of Certiorari or other appropriate writ,
direction or order calling for the records leading to
action/proceeding taken by the 2nd respondent to award the
above contract work mentioned as Tender No.252 in Ext.P4 to
the 3rd respondent and to quash the same.
(v) to issue such other writ order or direction as this Hon'ble
Court may deem fit and proper in the facts and circumstances
of the case including cost to the petitioner." [SIC]
2. The prayer in the writ petition is for a direction to
award the Public Contract Works mentioned in Tender No.252
in Ext.P4 notification to the petitioner on the basis of Exts.P1
and P3 orders. Ext.P4 is a notification issued in the year 2012.
Therefore, the prayers in the writ petition are infructuous. But
the counsel for the petitioner submitted that the question
raised in the writ petition may be left open. Therefore, this writ
petition can be closed leaving open all the contentions raised
in this writ petition.
Therefore, this writ petition is closed, leaving open all the
contentions raised by the petitioner in this writ petition.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE GO(MS) N 135/97/CO-OP DATED
13.11.1997
EXT.P2 TRUE COPY OF THE JUDGMENT DATED 5.2.2009 OF
THIS HON'BLE COURT IN WPC 36527/08
EXT.P3 TRUE COPY OF THE GO(MS) NO. 44/04/PWD DATED
19.3.2004
EXT.P4 TRUE COPY OF THE NOTIFICATION NO.DB.1(T) 12-
13 DATED 9.10.2012 ISSUED BY THE 2ND RESPONDENT
EXT.P5 TRUE COPY OF THE REPRESENTATION DATED
12.11.2012 SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
EXT.P5(A) TRUE COPY OF THE ACKNOWLEDGMENT CARD
EXT.P6 TRUE COPY OF THE GO(RT) NO. 255/2004/F&PD
DATED 29.6.2004.
RESPONDENT'S EXHIBITS :
EXT.R2(A) TRUE COPY OF THE GO(RT) NO. 255/04/F&PD
DATED 29.6.2004
