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High Court of KeralaWP(C)/34543/2009closed

C.K.Rajendran v. The Kerala State Audio Visual Repprogra

2015-11-11Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 WP(C).No. 34543 of 2009 (K) ---------------------------- PETITIONER(S):

-------------------------- C.K. RAJENDRAN, SARAVANA BHAVAN, KOTTAMURI P.O., CHANGANASSERY-686 105.

BY ADVS.SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR), SRI.LUIZ GODWIN D'COUTH, SRI.K.P.CHANDRASEKHAR.

RESPONDENT(S):

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

1. MANAGING DIRECTOR, KERALA STATE AUDIO VISUAL REPROGRAPHIC CENTRE, VATTIYOORKAVU, THIRUVANANTHAPURAM.

2. KERALA STATE AUDIO VISUAL REPROGRAPHIC CENTRE, VATTIYOORKAVU, THIRUVANANTHAPURAM, REPRESENTED BY THE MANAGING DIRECTOR.

3. SRI. AJITH, PURCHASE MANAGER, KERALA STATE AUDIO VISUAL REPROGRAPHIC CENTRE, VATTIYOORKAVU, THIRUVANANTHAPURAM.

R1 & R2 BY SRI.B.S.KRISHNAN, SENIOR ADVOCATE. ADVS. SRI.K.ANAND, SMT.K.K.RAZIYA.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 34543 of 2009 (K) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE TENDER NOTICE DATED 16/07/2009.

EXT.P2 COPY OF THE LETTER DATED 12/10/2009.

EXT.P3 & P4: COPY OF THE CASH RECEIPTS DATED 13/10/2009. EXT.P5 COPY OF THE GATE PASS.

EXT.P6 COPY OF THE LETTER DATED 18/11/2009.

EXT.P7 COPY OF THE LETTER DATED 25/11/2009 OF THE PETITIONER. EXT.P8 COPY OF THE LETTER DATED 25/11/2009 BY THE 1ST RESPONDENT. EXT.P9 COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 21/11/2009S. RESPONDENT'S EXHIBITS:- EXT.R1A COPY OF THE TENDER NOTICE DATED 16/07/2009.

//TRUE COPY// P.S. TO JUDGE rs.

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 34543 of 2009 -------------------------------------------------- Dated this the 11th day of November, 2015

J U D G M E N T

The petitioner, who is a contractor, was awarded the work of removal of waste paper by the 1st respondent. This tender was floated as per Ext.P1 tender notice dated 16.07.2009. He alleges that the highest bidder for soiled waste paper was also the petitioner. Later, the petitioner had started removal of soiled waste after remitting the cost as per Exts.P3 and P4 receipts. Thereafter, the respondent awarded the work of removal of printed forms to the petitioner vide Ext.P6 letter. He had approached the office of the respondents on 25.11.2009 and offered his highest rate for removal of printed waste paper as per Ext.P7 letter. The petitioner alleges that he was not allowed to remove the balance soiled waste paper and was also not awarded the work of printed waste paper and the 3rd respondent, supported by certain office staff,

W.P.(C) No. 34543 of 2009 ..2..

tried to oust the petitioner by physical force. Hence, this writ petition.

2.

This Court, by interim order dated 17.12.2009, directed the respondents to permit the petitioner to remove soiled waste paper from the Kerala State Audio Visual and Reprographic Centre, Thiruvananthapuram, on the strength of the said order.

As the very purpose sought to be achieved by the filing of the writ petition has been served by the interim order, the writ petition is closed making the interim order absolute.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/11.11.2015