IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 12011 of 2010(B) -------------------------- PETITIONER(S): --------------- M/S. CHERIAN VARKEY CONSTRUCTION CO. (P) LTD., 5TH FLOO0R, ALPHA PLAZA, K.P.VALLON ROAD, KADAVANTHARA, KOCHI-682020, REPRESENTED BY THE DIRECTOR, GEORGE VARKEY. BY ADV. SMT.SANTHA VARGHESE SRI.LIJU.V.STEPHEN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, RPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMNT, PUBLIC WORKS(G) DEPARTMENT,THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (R&B), THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, PWD (R&B) SOUTH CIRCLE,THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINER, PWD (ROADS) DIVISION, KOLLAM. 5. THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, ALAPPUZHA. GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 12011 of 2010 ================== Dated this the 23rd day of July, 2010 J U D G M E N T A memo has been filed by the counsel for the petitioner to the following effect: “1. I am the counsel appearing for the petitioner in the above case and I am conversant with the facts of the case. 2. The above Writ Petition has been filed seeking for kind indulgence of this Hon'ble Court to issue a writ of certiorari calling for Exts.P1 and P2 by which 1st Respondent has called upon the 2nd Respondent-Chief Engineer to furnish materials for blacklisting the petitioner-company as a follow up of Ext.P2 in which direction was issued to the Chief Engineer not to issue tender forms for any work or accept any tender proposals in favour of the petitioner-company until further orders. 3. Petitioner has produced Exts.P3 to P12 documents which would prove that it is not due to petitioner's fault the work could not be completed in time. 4. Petitioner has informed us that now the PWD Secretary, being convinced of the factual situation, has informed on 15.7.2010 that there may not be any objection in issue of tender documents for future works if the petitioner would withdraw the above Writ Petition. 5. In the circumstances, it is prayed that this Hon'ble Court be pleased to permit withdrawing the above Writ Petition without costs to either of the parties, however without prejudice to petitioner's legal rights, if any, to move fresh Writ Petitions, if found necessary.” Therefore, this writ petition is dismissed as withdrawn. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2