IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11203 of 2010(A)
1. PARAMESWARAN.V.R, AGED 41 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE KERALA STATE MINERAL DEVELOPMENT
3. THE DISTRICT COLLECTOR, PALAKKAD.
For Petitioner :SRI.T.RAMPRASAD UNNI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/05/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.11203 of 2010
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Dated this the 19th day of May, 2010
J U D G M E N T
The petitioner participated in an auction for sale of
sand from the catchment area of Malampuzha/Chulliyar
Dam. The tender was confirmed in his favour. He claims to
have complied with the tender conditions for taking delivery
of the sand. While matters stood so, fresh tenders were
invited by Ext.P9 which according to the petitioner is in
respect of the same subject matter. The petitioner contends
that it is illegal to invite fresh tenders after confirming the
earlier tender in favour of the petitioner. It is under the
above circumstances the petitioner has filed this writ
petition seeking the following reliefs:
i) To call for the records leading upto Exhibit P9 and quash
the same by the issuance of a Writ of Certiorari or any
other appropriate writ, order or direction.
ii) In the alternative, to permit the petitioner to participate
in the new tender after cancelling first tender and
refunding him all the monies already remitted by him.
W.P.(C)No.11203 of 2010
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iii) To declare that the entire procedure adopted by the
respondents are violative of Articles 14, 19 and 21 of the
Constitution of India.
iv) To issue such other writs, orders or directions as this
Hon’ble court may deem fit and proper in the
circumstances of the case.
2. The learned Government Pleader appearing on
behalf of respondents submits that Ext.P8 & P9 are in
respect of different items and the sand for which the
petitioner has submitted tender would be handed over to
him if the petitioner complies with all the tender conditions
in time. The said submission is recorded. In the above
circumstances nothing survive in this writ petition.
Accordingly the writ petition is closed with the above
direction.
S. SIRI JAGAN
JUDGE
shg/