IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 2499 of 2010(J) ------------------------- PETITIONER(S): --------------- BPL TELECOM PRIVATE LIMITED,P.B.NO.50, PALAKKAD-678 007,REPRESENTED BY ITS COMPANY SECRETARY,D.KRISHNAN. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, PWD BUILDINGS & LOCAL WORKS,SOUTH CIRCLE, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER,PWD ELECTRONICS WING,CHIEF ENGINEER'S OFFICE, THIRUVANANTHAPURAM. 4. DIVYA BUSINESS SYSTEMS PRIVATE LIMITED, NO.3/2734/1,KAMALA NILAYAM,KOWDIYAR ROAD, PATTOM JUNCTION,PARUTHIPPARA, THIRUVANANTHAPURAM-695 025. BY ADV. SRI.SHAJI P.CHALY FOR R4 BY GOVERNMENT PLEADER SRI.V.MANU FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.2499 of 2010 ------------------------------- Dated this the 28th day of October, 2010 J U D G M E N T This writ petition is filed challenging the award of work pursuant to Ext.P1 tender notice. By Ext.P1 tender notice, the State of Kerala had invited tenders for supply and installation of digital EPABX in the newly constructed Civil Station at Kudappanakkunnu, Thiruvananthapuram. Though initially an order of stay was passed, it was vacated. Thereupon, the work was awarded to the fourth respondent, the fourth respondent has executed the work and EPABX is now fully functioning. In such circumstances, as the work has been awarded to the fourth respondent and it has been executed, I am of the opinion that no relief can be granted to the petitioner in this writ petition. The writ petition is accordingly dismissed as infructuous, without prejudice to the right of the petitioner, if they are so advised, to sue the Government for damages, if grounds exist for institution of such a suit. P.N. RAVINDRAN, JUDGE. nj.