IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28177 of 2008(D) -------------------------- PETITIONER: --------------- P.H. MOHAMMED ALI, AGED 50 YEARS, S/O HYDROSE, PUTHIYEDATH HOUSE, MUTTOM, THAIKATTUKARA P.O., ALUVA -6. BY ADV. SRI.K.DIVAKARAN NAIR RESPONDENTS: --------------- 1. MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, KADAVANTHARA, GANDHI NAGAR, KOCHI -20. 2. GENERAL MANAGER, KERALA STATE, CONSTRUCTION CORPORAION LTD., CARMEL CENTRE, BENERJI ROAD, ERNAKULAM, KOCHI -18. ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R1 SRI.M.V.THAMPAN STANDING COUNSEL FOR KSCC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 28177 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September, 2008 JUDGMENT The petitioner who is an A Class PWD contractor, responded to a notification issued by 1st respondent calling for tenders for the construction of a hyper market. According to the petitioner, he was pre-qualified in submitting the tender and he was the lowest tenderer. He later came to know that the contract has been awarded to the 2nd respondent who in turn, according to the petitioner, has proposed to sub-contract the same to other persons. This, it is pointed out is prohibited under the terms contained in the tender notice. 2. On instructions, Smt.Molly Jacob, learned counsel for the 1st respondent submits that a final decision has not been taken and the contract was not awarded to anybody. If that be so, the tender notification issued by the Civil Supplies Corporation Ltd. has not become final and the action of the 2nd respondent must be definitely pre-mature and appropriate action should be taken by the 2nd respondent to rectify the error. Grievance, if any of the petitioner will arise only after the award of work and that has not be done so far, I W.P.(C)No. 28177 OF 2008 -:2:- think that the writ petition is premature. Thus, leaving open all the contentions of the parties, this writ petition is closed. (V. GIRI, JUDGE) ttb