IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 29210 of 2010(A) -------------------------------------------- PETITIONER(S): ------------------------- MANGALAM PUBLICATIONS (INDIA) PVT.LTD., S.H.MOUNT, KOTTAYAM (P.O), REP. BY ITS DIRECTOR, BIJU VARGHESE. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): -------------------------- 1. COCHIN INTERNATIONAL AIRPORT LTD., KOCHI AIRPORT (P.O)., ERNAKULAM (CIAL), REP. BY ITS DIRECTOR - 683 111. 2. MANAGING DIRECTOR, COCHIN INTERNATIONAL AIRPORT LTD., KOCHI AIRPORT (P.O)., ERNAKULAM - 683 111. 3. JOSEPH PETER, MANAGER (COMMERCIAL), COCHIN INTERNATIONAL AIRPORT LTD., KOCHI AIRPORT (P.O)., ERNAKULAM - 683 111. BY ADV. SMT.T.N.GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 29210 of 2010 A ``````````````````````````````````````````````````````` Dated this the 23rd day of September, 2010 J U D G M E N T Petitioner seeks to challenge Ext.P3 tender invited by the respondents to the extent the room occupied by the petitioner is also included therein. 2. Mainly two contentions are raised by the petitioner. First is that the period of the licence in their favour is valid till December, 2010 and, therefore, tender now invited is premature and illegal. Yet another contention raised is that for three shops allotted to others for the sale of news papers, periodicals, etc, tenders are not invited and that those rooms are excluded from tender process. 3. Learned senior counsel appearing for the first respondent submits that the period of licence issued in favour of the petitioner was valid only till 31-08-2010. This submission is sought to be supported by referring to clause 1.2 of Ext.P1 licence. Although the licence agreement is WPC.29210/10 : 2 : dated 15-11-2008, period of the licence mentioned in clause 1.2 is up to 31-08-2010. True, the petitioner has a case that certain clauses in Ext.P1 are vitiated by mistakes and that their request for correction is still pending. However, fact remains that as on date no correction is carried out to the terms of the agreement. If that be so, going by Ext.P1, licence agreement has expired on 31-08-2010 and the respondents are entitled to invite tenders. Therefore, the first contention of the petitioner has to fail. 4. In so far as the contention that other similar establishments have been excluded from Ext.P3 tender notice is concerned, case of the respondents is that though the room in question was allotted to the petitioner for sale of newspapers, periodicals etc., the room was being used for the purpose of sale of textiles. Photographs were also produced to support this contention. If that be so, the respondents cannot be faulted for not treating the room in question allotted to the petitioner along with the rooms allotted to licensees WPC.29210/10 : 3 : who are selling newspapers, periodicals, etc. Learned senior counsel also submits that in respect of such allottees, separate tender is being invited. Therefore, I cannot find fault with the respondents even on this ground. 5. Be that as it may, the last date of submission of tender is today at 12 noon. It is clarified that it will be open to the petitioner to submit their tender in terms of the provisions of the tender notice in which event the same will also be considered. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks