K.S.Latheef vs Executive Engineer, Kerala Water ...
2023 Latest Caselaw 764 Ker

WP(C) NO. 12958 OF 2013             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                          WP(C) NO. 12958 OF 2013
PETITIONER/S:

              K.S.LATHEEF
              S/O SYED MOHAMMED, FOUZIA MANZIL, ROSAPOOKANDAM,
              KUMILY VILLAGE, PEERMADU TALUK, IDUKKI DISTRICT.

              BY ADVS.
              SRI.SURIN GEORGE IPE
              SRI.S.SUDARSANAN



RESPONDENT/S:

      1       EXECUTIVE ENGINEER, KERALA WATER AUTHORITY
              KERALA WATER AUTHORITY, THODUPUZHA EAST, IDUKKI-
              685586.

      2       ASSISTANT EXECUTIVE ENGINEER
              KERALA WATER AUTHORITY, P.H.SUB DIVISION, PEERMADE,
              IDUKKI-685531.

      3       BOBBY KURIEN
              EDAYADIMALIYIL, PEROOR P.O., KOTTAYAM DISTRICT-
              686637.

      4       SIJO KURIAKOSE
              KALLOOPPARA, CHAKKUPPALAM, 6TH MILE, IDUKKI
              DISTRICT-685509.

      5       THOMAS SAMUEL
              CHERUPURAYATH, KODIKUTHY, PERUVANTHANAM, IDUKKI
              DISTRICT-685532.

      6       A.H.SHABEER
              AZHUPURATH HOUSE, ROSAPOOKANADAM, KUMILY VILLAGE,
 WP(C) NO. 12958 OF 2013                  2


              IDUKKI DISTRICT-685509.

              BY ADVS.
              SRI.JOSEPH JOHN, SC, KERALA WATER AUTHORITY
              SRI.BABU JOSEPH KURUVATHAZHA
              SRI.T.K.BIJU MANJINIKARA
              SRI.S.RADHAKRISHNAN
              SHRI.S.RAJMOHAN
              SMT.V.M.RUSHDA



OTHER PRESENT:

              SRI.V.V.JOSHI, SC(KWA)




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12958 OF 2013             3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 12958 of 2013
                    --------------------------------------
              Dated this the 12th day of January, 2023


                               JUDGMENT

The above writ petition is filed with following prayers :

(i) To call for the records leading to award of work to respondents 3 to 6 by the 1st respondent relating to water pumping duty in Rural Water Supply Scheme (RWSS) under PH Section, Peermade and quash the same by issuing a writ of certiorari.

(ii) To declare that the work of water pumping duty in Rural Water Supply Scheme (RWSS) under PH division, Peermade awarded by the 1s respondent to respondents 3 to 6 is illegal and irregular as the same does not confirm to the procedures as the tender is been done without notice and not in a competitive manner calling for open tenders and

(iii) Grant such other orders or directions as may be deemed necessary in the facts and circumstances of the case and in the interest of justice." [SIC]

2. There is no representation for the petitioner. The

learned counsel for the Water Authority and the learned

counsel appearing for respondent Nos. 3 to 5 also submitted

that the prayers in this writ petition are infructuous. The

counsel for the Water Authority also submitted that the

petitioner has not participated in the bid. In such

circumstances, nothing survives in this case.

Therefore, this writ petition is dismissed as infructuous.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS