IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WA.No. 732 of 2010() -------------------- AGAINST THE ORDER IN WPC.10771/2010 Dated 09/04/2010 .................... APPELLANT(S): -------------- SABU ABRAHAM, PULIMOOTTIL HOUSE, RANNI P.O. BY ADV. SRI.GEORGE THOMAS (MEVADA), SENIOR ADVOCATE SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): --------------- 1. THE CHIEF ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT ENGINEER, ROADS AND BRIDGES, P.W.D.SOUTH CIRCLE- THIRUVANANTHAPURAM. 3. K.MURALEEDHARA KURUP, MANAGING PARTNER, M/S.SARDE, T.C.24/10, PANAVILA JUNCTION, THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR.G.P.SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J. ---------------------------------------- W.A.No.732 of 2010 ---------------------------------------- Dated this the 17th day of May, 2010 JUDGMENT J.Chelameswar, C.J. This appeal is preferred aggrieved by an order dated 9.4.2010 by which an interim order granted earlier on 29.3.2010 came to be vacated. The dispute in the writ petition pertains to the award of a tender in which the appellant was not considered on the ground that he did not have the requisite experience to participate in the tender process. On the other hand, the case of the appellant is that he filed the tender in collaboration with another party who, according to the appellant, had the requisite experience for being considered for the award of the tender. In the circumstances, we are of the opinion that it is better that the writ petition itself be considered and disposed of on merits. The appeal is therefore disposed of at this stage directing the Registry to list W.P.(C) No.10771 of 2010 for hearing on 24.5.2010 before the appropriate Bench. Respondents are directed to maintain status quo as on today until the disposal of the writ petition. J.CHELAMESWAR Chief Justice P.N.RAVINDRAN Judge TKS