IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20380 of 2011(V) -------------------------- PETITIONER(S): ----------------------- VISWAMBHARAN, S/O.KUMARAN, GURUVANDANAM, KOTTAPPURAM MURI, PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): ------------------------ 1. THE EMPLOYEES STATE INSURANCE CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, ROUND NORTH, THRISSUR, PIN 680021. 2. THE DEPUTY DIRECTOR (CONSTRUCTION), THE EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, ST.THOMAS SHOPPING COMPLEX, CROSS JUNCTION, Q.S.ROAD, KOLLAM-691001. 3. THE PRINCIPAL CHIEF EXECUTIVE H.L.L.LIFE CARE LIMITED, (FORMERLY HINDUSTAN LATEX LIMITED), CORPORATE AND REGIONAL OFFICE, H.L.L.BHAVAN, THIRUVANANTHAPURAM-12. 4. THE DEPUTY GENERAL MANAGER (FINANCE), H.L.L. LIFE CARE LIMITED, E.S.I. MEDICAL COLLEGE, PARIPPALLY P.O., KOLLAM,PIN 691 574. 5. THE PROJECT MANAGER, H.L.L.LIFE CARE LIMITED, E.S.I. MEDICAL COLLEGE, PARIPPALLY P.O., KOLLAM, PIN 691 574. ADV. SRI.E.K.MADHAVAN FOR R-3 SRI.V.KRISHNA MENON FOR R-3 SMT.P.VIJAYAMMA FOR R-3 SMT.UMA GOPINATH FOR R-3 SMT.J.SURYA FOR R-3 SRI.P.SANKARANKUTTY NAIR, SC, ESI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20380/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RECEIPT DT 10.5.11 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P2: TRUE COPY OF THE ORDER NO.48-W,13.13.26.08 CONSTN. DATED 17.5.2011 ISSUED BY THE 2ND RESPONDENT ISSUED PERMISSION TO REMOVE THE EXCAVATED EARTH AS PER. EXT.P3: TRUE COPY OF THE COMMUNICATION NO:L-10-25069/11 DATED 25.5.2011 ISSUED BY THE DISTRICT COLLECTOR. EXT.P4: TRUE COPY OF THE COMMUNICATION NO.DOQ/S2/1352/2011 DT 31.5.2011 ISSUED by the SENIOR GEOLOGIST, KOLLAM. EXT.P5: TRUE COPY OF THE NOTICE NO.HLL/ID/ESIC/2010-11/391 DATED 25.6.11 ISSUED BY THE 5TH RESPONDENT. EXT.P6: TRUE COPY OF THE NOTICE NO.HLL/ID/ESIC/2010-11 DATED 30.6.11 ISSUED BY THE 5TH RESPONDENT. EXT.P7: TRUE COPY OF THE OBJECTION TO EXT.P5 AND P6 DATED 7.7.11 FILED BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 20380 OF 2011 ===================== Dated this the 5th day of August, 2011 J U D G M E N T Petitioner submits that pursuant to a notification issued by respondents 4 and 5, an auction was held and he was the successful bidder for cutting and removal of 40,000 m3 of earth. Ext.P2 is the work order and Ext.P1 evidences the payment made by the petitioner. According to the petitioner, when by Exts.P5 and P6 notices, he was called upon to remove the balance quantity, he made Ext.P7 representation requesting for extension of time. It is stated that without considering his request, respondents were proceeding to re-auction the remaining quantity and that led the petitioner to file this writ petition. 2. On behalf of respondents 3 and 5, Sri.E.K.Madhavan appeared and from the submissions made by him, it is evident that the premise on which the petitioner has filed this writ petition is erroneous. According to the learned counsel, the auction that is now proposed to be held is in relation to 20,000 m3 which does not form part of the quantity in respect of which Ext.P2 work order was issued to the petitioner. It is stated that the petitioner is free WPC No. 20380/11 :2 : to remove the balance quantity of 1842 m3 of earth in pursuance to Ext.P2. In view of the submission so made, the writ petition is disposed of leaving it open to the petitioner to remove the aforesaid quantity of earth in pursuance to Ext.P2. ANTONY DOMINIC, JUDGE Rp