IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33166 of 2010(U)
1. V.A.VASUDEVAN,S/O.APPUKUTTAN,
... Petitioner
Vs
1. STATE OF KERALA, REP BY ITS SECRETARY
... Respondent
2. CHIEF CONSERVATOR OF FORESTS
3. CONSERVATOR OF FORESTS, KANNUR-12
4. DIVISIONAL FOREST OFFICER
5. FOREST RANGE OFFICER,
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 33166 OF 2010 (U)
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Dated this the 2nd day of November, 2010
J U D G M E N T
In pursuance to Ext.P1 tender notice, petitioner submitted
his tender. He was awarded the tender and thereupon Exts.P4
and P5 agreements were executed. Petitioner now complains that
Clause 23(iv) of the agreement goes beyond the scope of the
tender notice and therefore is illegal. Challenging the said
provision, though he had approached this Court by filing WP(C)
NO.27499/10, this Court declined to entertain the writ petition
and left the petitioner to pursue his remedies before the Civil
Court. It is stated that subsequently, he made Ext.P9
representation to the 2nd respondent seeking to exonerate him
from the operation of Clause 23(iv) of the agreement. This
representation is pending.
2. In this writ petition, all that is sought for is a direction
to the 2nd respondent to consider Ext.P9. True, as rightly pointed
out by the learned Government Pleader, the issue is one which is
incapable of adjudication in a writ petition, and if at all the
petitioner is aggrieved, he has to move the Civil Court. But
WPC No. 33166/10
:2 :
however, that does not mean that if a representation is made, it
cannot be considered by the 2nd respondent.
3. In that view of the matter, without expressing anything
on the merits, it is directed that if Ext.P9 has been received and is
pending, 2nd respondent shall consider the same and pass orders
thereon. This shall be done at any rate within 6 weeks of
production of a copy of this judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp