IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 17076 of 2009(S) -------------------------- PETITIONER(S): --------------- JUSTIN, S/O.POLOUSE, ST.JUDE DALE THANGASSERY, KOLLAM EST VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, 1, PLARIVAHAN BHAVAN, PARLIAMENT STREET, NEW DELHI. 2. THE SUPERINTENDEING ENGINEER, (NHDP-IVA) ROOM NO.342,3RD FLOOR, NO.1, DEPARTMENT OF ROAD TRANSPORT & HIGHWAYS, MINISTRY OF HIPPING, ROAD TRNASPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARILIAMENT STREET, NEW DELHI. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (D) DEPARTMENT, TRIVANDRUM. 4. CHIEF ENGINEER, NATIONAL HIGHWAYS, PWD GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. SRI.SURESHAN KOILERIAN, THE CHIEF ENGINEER, NATIONAL HIGH WAY, PWD, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PUBLICATION. P2 COPY OF THE LETTER DT 12.2.2001. P3 COPY OF THE FINALISATION OF THE ROUTE FOR NH 220 IN KERALA. P4 COPY OF THE LETTER DT 21.12.2001. P5 COPY OF THE LETTER DT 26.10.2002. P6 COPY OF THE LETTER DT 7.4.2005. P7 COPY OF THE PROPOSAL DT 9.5.2005. P8 COPY OF THE REPORT ALONG WITH DETAILED SKETCH OF THE DECLARED NATIONAL HIGHWAY. P9 COPY OF THE LETTER DT 22.9.2005. P10 COPY OF THE LETTER DT 22.1.2007. P11 COPY OF THE LETTER DT 16.2.2006. P12 COPY OF THE LETTER DT 3.5.2007. P13 COPY OF THE REPORT DT 5.6.2007. P14 COPY OF THE OFFICE FILE OF R5. P15 COPY OF THE NOTIFICATION DT 3.6.2009. // True Copy // P.A. To Judge J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. ````````````````````````````````````````````````````````````` W.P.(C) No. 17076 of 2009 S ````````````````````````````````````````````````````````````` Dated this the 9th day of June, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Antony Dominic, J. The writ petition was filed challenging Ext.P15, a notification issued by the respondents, inviting application for selection and appointment of Technical Consultant through open competitive bidding. 2. At the stage of admission, this Court passed order dated 24.06.2009, clarifying that the process of selection of Technical Consultant pursuant to Ext.P15 may go on and that, before the Technical Consultant commences the work, permission should be obtained from this Court. Subsequently, based on a request made by the fourth respondent, by order dated 23.12.2009, permission for the conduct of feasibility study was also granted. Therefore, appointment in pursuance to Ext.P15 was made W.P.(C) No.17076/2009 : 2 : and a feasibility study itself was allowed to be conducted. 3. As a result of these developments, virtually, the challenge against Ext.P15 has become infructuous. 4. In that view of the matter, we see no reason to examine the contention raised in the writ petition. Accordingly, it is dismissed. Sd/- (J.CHELAMESWAR, CHIEF JUSTICE) Sd/- (ANTONY DOMINIC, JUDGE) aks/10.06 // True Copy // P.A. To Judge