Bharat Engineering v. Assistant Executive Engineer (Agrl)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 5288 of 2012 (I) ----------------------------------------- PETITIONER(S) :

------------------------- BHARAT ENGINEERING COMPANY, 31/1523, T.B.ROAD, T.B.COMPLEX, PALAKKAD-678 014, REPRESENTED BY ITS MANAGING PARTNER, N.J.ROY, AGED 45 YEARS, S/O.N.V.JOSEPH (LATE), "NELLISSERY HOUSE", VAKKALA, ELAVAPPAM P.O., KIZHAKKANCHERY VILLAGE, ALATHUR TALUK, PALAKKAD-695 573.

BY ADV. SRI.T.K.SANDEEP RESPONDENT(S) :

----------------------------

1. ASSISTANT EXECUTIVE ENGINEER (AGRL), MALAMPUZHA, PALAKKAD-678 651.

2. DISTRICT PANCHAYAT, REPRESENTED BY ITS SECRETARY, DISTRICT PANCHAYATH OFFICE, PALAKKAD-678 001.

3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, TRIVANDRUM-695 001.

* ADDITIONAL R4 IMPLEADED

4. RAIDCO KERALA LIMITED, KANJIKODE WEST, NEAR HCRI, PALAKAD - 678 823. * ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 29/05/2012 IN I.A.NO.6745 OF 2012.

R1 & R3 BY SR. GOVERNMENT PLEADER SRI.R.PADMARAJ R2 BY ADVS. SRI.P.K.NIJOY SMT.C.PRABITHA R4 BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

A.M. SHAFFIQUE, J.

============= W.P. (C) No.5288 of 2012 =================== Dated this, the 29th day of October, 2015

J U D G M E N T

The issue raised in the writ petition is regarding illegal fixation of tender to unqualified persons. This writ petition is filed in 2012 challenging the award of work in favour of the 4th respondent.

Under such circumstances, I do not think that any directions can be issued in this writ petition as the subject matter has become infructuous. Accordingly, the writ petition is dismissed as infructuous.

Sd/- A.M. SHAFFIQUE, JUDGE Rp 29/10/2015 //True Copy// PS to Judge