High Court Kerala High Court

State Of Kerala vs Balachandran Pillai on 15 October, 2009

Kerala High Court
State Of Kerala vs Balachandran Pillai on 15 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 761 of 2004(B)


1. STATE OF KERALA, REPRESENTED BY THE
                      ...  Petitioner
2. EXECUTIVE ENGINEER, OFFICE OF THE
3. THE DISTRICT COLLECTOR, KOLLAM.

                        Vs



1. BALACHANDRAN PILLAI,
                       ...       Respondent

2. C.MURALEEDHARAN, PATTINEZHUTHU VEEDU,

3. P.SOMAN PILLAI, KARUKATHOOR

4. D.BHANU, CONTRACTOR, GINJA BHAVAN,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.BECHU KURIAN THOMAS

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :15/10/2009

 O R D E R
               S.R.Bannurmath, C.J. & A.K.Basheer, J.
                   ------------------------------------------
                        W.A. No.761 of 2004
                   ------------------------------------------
               Dated, this the 15th day of October, 2009

                              JUDGMENT

A.K.Basheer, J.

The State represented by the Secretary, Department of Ports

and Engineering along with certain other officials has preferred this writ

appeal calling in question the legality and propriety of the direction

issued by the learned Single Judge while disposing of the original

petition.

2. Respondents 1 to 3 herein had filed the original petition

way back in the year 2001 praying for issue of a writ of certiorari to

quash Ext.P8 tender notification issued by the Executive Engineer in the

Department of Harbour Engineering under the Government of Kerala.

Under the said notification dated June 13, 2001, tenders were invited

from willing contractors for removal of the sand dredged at Neendakara

Fishing Harbour on payment of a fixed price per cubic metre.

Respondents 1 to 3 contended that their job opportunities would be lost if

the right to remove the sand is given to a contractor pursuant to Ext.P8

W.A.No.761 of 2004

– 2 –

notification. According to the respondents, they had been engaged in the

said work for years together.

3. The learned Single Judge was not inclined to grant the main

relief of quashing Ext.P8 notification. However, while disposing of the

original petition the learned Single Judge directed that the successful

tenderer shall ensure that he engages respondents 1 to 3 also for the work

tendered as per Ext.P8 notification.

4. The appellants take exception to the above direction issued

by the learned Single Judge. It is submitted by the learned Government

Pleader that the above condition imposed by the learned Single Judge will

cause unnecessary impediment to the department in disposal of the sand at

market rates. It is pointed out by him that sand is now being sold well

below the Public Works Department rates and only if the department is

permitted to invite tenders from willing contractors the Government would

be able to get the market price. In view of the direction issued by the

learned Single Judge no contractor is coming forward to take up the

contract. It is in this context that the learned Government Pleader has

prayed for deleting the above condition imposed by the learned Single

W.A.No.761 of 2004

– 3 –

Judge. The learned Government Pleader, however, submits that those

workers who have been engaged for removal of sand from that area will be

given preference in the work which they had been hitherto doing. The

Government is prepared to incorporate appropriate clause in the tender

notification to be issued for this purpose.

5. Having heard learned Government Pleader and the learned

counsel for the parties, we are of the view that the direction issued by the

learned Single Judge imposing a condition that the successful tenderer

should engage respondents 1 to 3 also cannot be justified. Therefore, the

said condition/direction in the judgment of the learned Single Judge is

deleted. The impugned judgment is modified to the above extent.

Writ appeal is disposed of in the above terms.

S.R.Bannurmath,
Chief Justice

A.K.Basheer,
Judge
vns