IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 WP(C).No. 13629 of 2010(C) --------------------------------------- PETITIONER: ------------------- ISMAIL, AGED 59,S/O.ABDULLA, KARIYILAPARAMBIL HOUSE, CHENNAMANGALAM KARA, CHENNAMANGALAM VILLAGE, PARAVUR TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETRIAT, THIRUVANANTHPAURAM. 2. THE MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, PANAMPILLY NAGAR, KOCHI. 3. ASSITANT MANAGER, TALUK DEPOT, SUPPLYCO DEPOT,NORTH PARAVUR. R1 BY GOVT. PLEADER, R2 & R3 BY SRI.LAKSHMI NARAYAN, S.C, SUPPLYCO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.13629 of 2010 ------------------------------------------- Dated this the 27th day of April, 2010 JUDGMENT The petitioner is a dealer in used gunny bags. He was granted the right to collect gunny bags from the shops under the second respondent Corporation. He has filed this Writ Petition challenging Ext.P4 order issued by the third respondent cancelling the contract given to him. He has challenged Ext.P4 as arbitrary and illegal. 2. The Standing Counsel for the second respondent submits that the earlier contract with the petitioner had expired in November 2009. Subsequently, it was renewed in his favour on 17.2.2010 by Ext.P1. Thereafter, a market survey was conducted which revealed that the petitioner was being given the used gunny bags at substantially lower rates, thereby causing loss to the second respondent. Therefore, it was decided to invite tenders and to auction the right to collect gunny bags from the second respondent. It was in the said circumstances that Ext.P4 was issued. wpc No.13629/2010 2 3. In view of the fact that the right to collect gunny bags from the shops under the second respondent is proposed to be auctioned by inviting tenders from the public, I do not find any grounds to interfere with Ext.P4. The above submission of the learned standing counsel is recorded. The further submission of the standing counsel submitted that the petitioner is also free to participate in the auction is also recorded. Accordingly, this Writ Petition is disposed of directing the proposed auction to be conducted expeditiously. K.SURENDRA MOHAN, JUDGE css/ wpc No.13629/2010 3