IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 15592 of 2010(Y) ----------------------------------------- PETITIONER(S): ------------------------ K.C.FRANCIS,GOVT.CONTRACTOR,P.W.D. (PUBLIC WORKS DEPARTMENT),LICENSE NO.9 A-2003-04, RESIDING AT KONUPARAMBAN HOUSE,ANNANAD.P.O, THRISSUR-680 324. BY ADVS. SRI.VARGHESE MYLOTH, SRI.C.P.SAJI. RESPONDENT(S): -------------------------- 1. THE SPECIAL GRADE SECRETARY, KADUKUTTY GRAMA PANCHAYATH, (SPECIAL GRADE), KADUKUTTY.P.O,THRISSUR-680 315. *ADDL.R2 IMPLEADED: R2. BAJI, S/O.KUTTAPPAN, RESIDING AT KALARICKAL HOUSE, CHERUVALLOOR P.O., KULAYIDAM, KADUKUTTY GRAMA PANCHAYAT. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 9/06/2010 IN I.A.NO.7333/2010) R1 BY ADVS. SRI.SHEEJO CHACKO, SRI.A.G.UNNIKRISHNAN, SRI.DEVAN K.MENON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15592/2010 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPIES OF CERTIFICATE OF DEDUCTION OF TAX AT SOURCE FOR THE PERIOD 1/04/09 TO 31/03/2010. P1(A): COPIES OF CERTIFICATE OF DEDUCTION OF TAX AT SOURCE FOR THE PERIOD 1/04/2009 TO 31/03/2010. P2: EXTRACT OF THE TENDER PUBLICATION DTD. 29/04/2010 PUBLISHED BY THE RESPONDENT. P2(A)SERIES:COPY OF THE LIST OF WORKS PUBLISHED BY THE RESPONDENT IN THE NOTICE BOARD. P3: COPY OF REPLY DTD. 10/05/2010 GIVEN BY THE RESPONDENT TO THE PETITIONER. P4: COPY OF THE REPLY DTD. 13/05/2010. P5: COPY OF THE NEWS APPEARED IN THE MATHRUBHUMI DAILY DTD. 15/05/2010. RESPONDENT'S EXHIBITS: R1(A): COIPY OF THE RESOLUTION BEARING NO.9 DTD. 6/05/2010. R1(B): COPY OF THE ORDER DTD. 10/06/2010 PASSED BY THE DEPUTY DIRECTOR OF PANCHAYAT. R1(C): COPY OF THE REPRESENTATION DTD. 10/06/2010 BEFORE THE DEPUTY DIRECTOR OF PANCHAYAT. R1(D): COPY OF THE APPEAL DTD. 19/06/2010 BEFORE DIRECTOR OF PANCHAYAT. /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.15592 of 2010-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010. JUDGMENT The petitioner is an 'A' Grade P.W.D. Contractor having licence No.9 A/2003-04. The main relief sought for in the writ petition is to quash Exts.P3 and P4 and for a direction to the respondents to issue the petitioner the tender schedule for the works mentioned in Ext.P2(a) forthwith. 2. Ext.P2 is the copy of the tender notice published by the first respondent dated 29.4.2010 and Ext.P2(a) series is the list of works published. 3. The Panchayat has filed a counter affidavit pointing out that the Deputy Director of Panchayats has issued a stay order as per Order No.M2- 5050/2010 dated 2.6.2010 and later by Ext.R1(b), the entire proceeding were cancalled by the Deputy Director with a direction to retender the same. Now the matter is pending before the Government and no final orders have been passed by the Government. Ext.R1(d) is the copy of the appeal filed by the Panchayat. In that view of the matter, no orders are called for in this wpc 15592/2010 2 writ petition in view of the subsequent events. Therefore, the writ petition is disposed of accordingly, without prejudice to the right of the petitioner to move again, if required. No costs. (T.R. Ramachandran Nair, Judge.) kav/