IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 21309 of 2008(J) ----------------------------------- PETITIONER(S): ----------------------- GEORGE JOSEPH, KULIRANIYIL HOUSE, ANNAKALLU.P.O, MALAMPUZHA, PALAKKAD BY ADV. SRI.S.SUDHEESH KUMAR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, IRRIGATION (GROUND WATER) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, IRRIGATION (GROUND WATER) DEPARTMENT, OFFICE OF THE EXECUTIVE ENGINEER, MALAMPUZHA. BY GOVERNMENT PLEADER SRI. P.N. SANTHOSH FOR R1 ADV. SRI.ANIL SIVARAMAN FOR ADDL.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, ALONG WITH WPC NO. 1738 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21309 of 2008(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE AGREEMENT DATED 25.2.2008. EXT.P2 - TRUE COPY OF THE INTERIM ORDER DATED 16.3.2007 IN W.P(C) NO. 8/2007 EXT.P3 - TRUE COPY OF THE JUDGMENT DATED 17.12.2007. EXT.P4 - TRUE COPY OF THE NOTICE PUBLISHED IN MATHRUBHUMI DAILY DATED 20.6.2008. EXT.P5 - TRUE COPY OF THE G.O. DAED 20.12.2001. EXT.P6 - TRUE COPY OF THE PERMIT IN RESPECT OF STAGE CARRIAGE NO. KL 13/G 8039. EXT.P7 - TRUE COPY OF THE PERMIT IN RESPECT OF VEHICLE NO. KL-12/B-1507. EXT.P8 - TRUE COPY OF THE LEASE AGREEMENT DATED 10.7.2008. RESPONDENTS' EXHIBITS: EXT.R1(a) - A TRUE COPY OF REPORT DATED 13.08.2008. EXT.R3(a) - TRUE COPY OF THE RECEIPT EVIDENCING RECEIPT OF MONEY DATED 17.7.2008. EXT.R3(b) - PHOTOSTAT COPY OF THE DEMAND DRAFT TAKEN IN FAVOUR OF THE EXECUTIVE ENGINEER, IRRIGATION DATED 16.7.2008. EXT.R3(c) - TRUE COPY OF THE COMMUNICATION OF THE CHIEF ENGINEER DATED 11.4.2008. EXT.R3(d) - TRUE COPY OF COMMISSION REPORT FILED ADVOCATE COMMISSIONER T.G.SURESH. EXT.R3(e) - TRUE COPY OF THE AGREEMENT DATED 10.7.2008. // TRUE COPY // PA TO JUDGE rhs ANTONY DOMINIC, J. ----------------------------- W.P.(C) Nos. 21309 of 2008 & 1738 of 2009 ----------------------------------------------------------- Dated this the 29th day of January, 2009 JUDGMENT The petitioner in W.P(C) No.21309 of 2008 is conducting the Ferry Service in the Malampuzha dam vide Exhibit P1 agreement. Period of which is set to expire on 24/2/2009. During the concurrency of his contract, the respondents invited tenders for introducing an additional boat service, for the period from 1/08/2008 to 31/7/2009. It is challenging that tender, writ petition was filed. By virtue of an interim order passed by this Court, the tender was not finalised and therefore the additional boat service was not introduced and that position is continuing today. 2. While so, W.P(C) No.1738/2009 has been filed by the successful bidder for conducting the additional boat service pursuant to the tender mentioned above. According to him, as the period of the contract awarded to the petitioner in W.P(C) No.21309 of 2008 is to expire on 24/02/2009, and therefore he should be allowed to ply his boat from 25th onwards for the contract period of one year. W.P.(C) Nos. 21309 /2008 & 1738 / 2009 2 3. When these writ petitions came up for orders, I heard the counsel for the petitioner and also the learned Government pleader. 4. Since the period of the contract awarded to the petitioner in WP(C) No.21309/2008 is to expire on 24/02/2009, it is directed that status quo as on today will be maintained till 24/02/2009. 5. Accordingly, the request of the petitioner in W.P(C) No. 1738 of 2009 that he should be awarded the work order from 25/02/2009, the learned Government pleader submits though that the tender was finalised in his favour and that the same was for a period of one year from 1/08/2008 to 31/07/2009, the work order could not be issued in view of the interim order passed by this Court in W.P(C) No.21309/2008. It is stated that taking into account circumstances leading to the non issuance of the work order, it has been decided to award the work to the petitioner in W.P(C) No. 1738/2009 for a period of one year from 25/2/2009 and subject to other conditions of the tender. This submission is recorded. Now that the tender has been finalised in favour of the petitioner in W.P(C) No.1738/2009 in respect of additional boat service, it is clarified that it will be open to the respondents to go ahead with the W.P.(C) Nos. 21309 /2008 & 1738 / 2009 3 invitation of the tender in so far as the Ferry Service operated by the petitioner in W.P(C) No.21309 of 2008 is concerned. With the above directions, these writ petitions are disposed of . ANTONY DOMINIC, JUDGE scm