Kerala High Court
V J Hycinth vs Superintending Engineer on 24 January, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(C) No.11128/22 1
2025:KER:6456
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
WP(C) NO. 11128 OF 2022
PETITIONER:
V.J. HYCINTH
AGED 67 YEARS
SECRETARY,
MATTANCHERY CONSUMER PROTECTION COUNCIL,
REG. NO. ER-86/95 15/247 (H),
MOOLAMKUZHI, COCHIN, PIN - 682002
BY ADVS.
SRI.INNOCENT FRANCIS PAPALI
SMT.ASWATHI C.
SMT.MINI K.
RESPONDENTS:
1 SUPERINTENDING ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT,
KOCHI MUNICIPAL CORPORATION, PARK AVENUE,
ERNAKULAM, PIN - 682011
2 SECRETARY,
KOCHI MUNICIPAL CORPORATION
PARK AVENUE, ERNAKULAM, PIN - 682011
3 M/S. STAR CONSTRUCTIONS
EDAKKALAYIL, CHANGAMPUZHA NAGAR,
P.O, KALAMASSERY,
ERNAKULAM, PIN - 682033
4 M/S. TECHNO STAR
W.P.(C) No.11128/22 2
2025:KER:6456
EDAKKALAYIL,
CHANGAMPUZHA NAGAR, P.O,
KALAMASSERY,
ERNAKULAM,, PIN - 682033
5 SECRETARY TO GOVERNMENT OF KERALA,
LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
6 GOVERNMENT OF KERALA
REPRESENTED BY CHIEF SECRETARY
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
7 KOCHI MUNICIPAL CORPORATION COUNCIL
REPRESENTED BY MAYOR
KOCHI MUNICIPAL CORPORATION,
PARK AVENUE, ERNAKULAM, PIN - 682011
BY ADVS.
SRI.C.E.UNNIKRISHNAN, SPL. GOVT. PLEADER
SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
SRI.LIJI.J.VADAKEDOM
SRI.TOM E. JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11128/22 3
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BECHU KURIAN THOMAS & GOPINATH P., JJ.
----------------------------------------------
W.P.(C) No.11128 of 2022
---------------------------------------------
Dated this the 24th day of January, 2025
JUDGMENT
Bechu Kurian Thomas, J.
This writ petition is filed challenging Ext.P28 agreement dated 02.03.2022
entered into between the 3rd respondent M/s. Star Constructions and the 7th
respondent. The validity of the agreement was for a period of 12 months and
therefore, by the end of February, 2023 the agreement had expired. It is informed
by the learned Standing Counsel for the Cochin Corporation that Ext.P28
agreement has not been renewed.
2. The petitioner has not been represented for the last two postings
indicating that he is not interested to pursue the matter as well.
3. Having regard to the nature of reliefs sought for as well as the lapse of
time, we are of the view that nothing survives for consideration in this writ petition.
Accordingly this writ petition is closed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Sd/-
GOPINATH P.
JUDGE
vps
2025:KER:6456
APPENDIX OF WP(C) 11128/2022
PETITIONER'S/S' EXHIBITS
Exhibit 1 TRUE COPY OF THE NOTICE INVITING
QUOTATION/TENDER NO. ISO/MOJ2(MOE-2)/4908/14
DATED 21-04-2021
Exhibit 2 TRUE COPY OF THE EXPERIENCE CERTIFICATE
ISSUED BY SECRETARY, MALAPPURAM MUNICIPALITY
TO M/S. TECHNO GROUP, KALYAN APARTMENTS,
PALACE ROAD, ALUVA, PIN 683 101
Exhibit 3 LEGIBLE AND READABLE COPY AS TYPE WRITTEN
FROM EXHIBIT P2
Exhibit 4 TRUE COPY OF THE CERTIFICATE DATED 05-04-2010
ISSUED BY CHAIRMAN, OTTAPALAM MUNICIPALITY TO
M/S. TECHNO GROUP, KALYAN APARTMENTS, PALACE
ROAD, ALUVA, PIN - 683 101
Exhibit 5 LEGIBLE AND READABLE COPY AS TYPE WRITTEN
FROM EXHIBIT P4
EXHIBIT 6 TRUE COPY OF THE AGENDA FOR THE HEALTH
STANDING COMMITTEE ON THE MATTER OF TENDER
Exhibit 7 ENGLISH TRANSLATION OF EXHIBIT P6 AGENDA FOR
THE HEALTH STANDING COMMITTEE ON THE MATTER
OF TENDER
Exhibit 8 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
27-09-2021 FILED BY THE 2ND RESPONDENT BEFORE
THIS HON'BLE COURT IN WP(C) NO. 19431/2021
Exhibit 9 TRUE COPY OF THE REPRESENTATION DATED
05-10-2021 SUBMITTED BY THE PETITIONER BEFORE
THE SECOND RESPONDENT
Exhibit 10 ENGLISH TRANSLATION OF EXHIBIT P9
REPRESENTATION
Exhibit 11 TRUE COPY OF THE JUDGMENT DATED 16-12-2021
PASSED BY THE HON'BLE COURT IN WP (C) NO.
2025:KER:6456
Exhibit 12 TRUE COPY OF THE REPRESENTATION DATED
18-12-2021 SUBMITTED BY THE PETITIONER BEFORE
THE SECOND RESPONDENT
Exhibit 13 TRUE COPY OF THE APPLICATION DATED 06-10-2021
THAT THE PETITIONER SUBMITTED UNDER THE RIGHT
TO INFORMATION ACT BEFORE THE OTTAPALAM
MUNICIPALITY
Exhibit 14 ENGLISH TRANSLATION OF EXHIBIT P13
APPLICATION
Exhibit 15 TRUE COPY OF THE REPLY DATED 06-11-2021
FURNISHED BY OTTAPALAM MUNICIPALITY UNDER THE
RIGHT TO INFORMATION ACT
Exhibit 16 ENGLISH TRANSLATION OF EXHIBIT P 15 REPLY
Exhibit 17 TRUE COPY OF THE AGREEMENT DATED 28-08-2006
EXECUTED BETWEEN MALAPPURAM MUNICIPALITY AND
M/S. TECHNO GROUP FOR THE OPERATION AND
MAINTENANCE OF MSW TREATMENT PLANT
Exhibit 18 TRUE COPY OF THE LEGAL OPINION DATED 8-01-
2022 PROVIDED BY THE SENIOR ADVOCATE TO THE
2ND RESPONDENT, OBTAINED BY THE PETITIONER
UNDER THE RIGHT TO INFORMATION ACT
Exhibit 19 ENGLISH TRANSLATION OF THAT PART OF EXHIBIT
P18
Exhibit 20 TRUE COPY OF THE JOINT VENTURE AGREEMENT
DATED 30-04-2021 EXECUTED BETWEEN THE 3RD
RESPONDENT AND M/S. TECHNO GROUP
Exhibit 21 TRUE COPY OF THE REPRESENTATION DATED 27-01-
2022 SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit 22 TRUE COPY OF THE NEWS SO PUBLISHED IN THE
DAILY, DESABIMANI ON 22-02-2022
Exhibit 23 ENGLISH TRANSLATION OF EXHIBIT P 22 NEWS
REPORT PUBLISHED BY THE NEWS PAPER
DESABHIMANI ON 22-02-2022
Exhibit 24 TRUE COPY OF THE NEWS PAPER REPORT ON THE
FINALIZATION OF THE TENDER PROCEEDINGS IN
2025:KER:6456
FAVOR OF THE THIRD RESPONDENT
Exhibit 25 ENGLISH TRANSLATION OF EXHIBIT P 24
Exhibit 26 TRUE COPY OF THE REPRESENTATION DATED 28-02-
2022 SUBMITTED BY THE PETITIONER BEFORE THE
6TH RESPONDENT
Exhibit 27 ENGLISH TRANSLATION OF EXHIBIT P 26
REPRESENTATION SUBMITTED BY THE PETITIONER
BEFORE THE 6TH RESPONDENT
Exhibit 28 TRUE COPY OF THE AGREEMENT DATED 02-03-2022
EXECUTED BETWEEN THE 3RD RESPONDENT AND THE
2ND RESPONDENT
RESPONDENT'S/S' EXHIBITS
Exhibit R3(a) The copy of the Joint Venture Agreement dated
30.4.2021 executed in between the Star
Constructions and Techno Group
Exhibit R3(b) The copy of the BOQ (Bill of Quantity)
generated at the time of submission of Tender
