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. 27976 of 2008(E) -------------------------- PETITIONERS: --------------- 1. S.GOPALAKRISHNAN, BHANU MANDIR, P.J.ANTONY ROAD, PALARIVATTOM ,KOCHI-25. 2. K.V.VINISHKUMAR, KODUPARAMBIL HOUSE PADIVATTOM, EDAPPALLY P.O. 3. SHERRY V.VAKKACHAN, VATTATHARA HOUSE, POONITHURA, KOCHI-38. BY ADV. SRI.LAL GEORGE RESPONDENTS: --------------- 1. BHARAT SANCHAR NIGAM LTD , (BSNL) REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR CENTRAL OFFICE OF THE (BSNL) NEW DELHI. 2. THE PRINCIPAL GENERAL MANAGER BSNL BHAVAN, KOCHI-16 3. ASSISTANT GENERAL MANAGER OFFICE OF THE PRINCIPAL GENERAL MANAGER BSNL BHAVAN, KOCHI-16 ADV. SRI.K.KESAVANKUTTY, SC, BSNL FOR R1 TO 3 SRI.MATHEW K.PHILIP, STANDING COUNSEL FOR BSNL. 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. 27976 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September, 2008 JUDGMENT The petitioners have entered into an agreement with BSNL for the supply of vehicles for the use of the officers in the department. Apparently, the agreement contemplated supply of higher type vehicles, such as Tata Sumo/Scorpio,Toyota/ Qualis/Innova/ Tavera/Spacio/Maruthi Van etc. for a period of one year from 01.07.2008. It seems that later the department realized that the use of such higher type vehicles are expensive. Therefore, they decided to choose lower type vehicles such as Ambassador, or a jeep. Therefore the petitioners are directed to give lower type vehicles as per Exts.P5, P6 & P7. The same has been challenged in this writ petition. 2. If the petitioners think that there is breach of contract, then their remedy lies elsewhere. Learned Standing Counsel for the BSNL submits that it was only a method of curtailing expenditure by using lower type vehicles. Learned counsel for the petitioners submits that rejection of higher type vehicles will cause serious prejudice to the petitioners. W.P.(C)No. 27976 OF 2008 -:2:- 3. Learned counsel for the BSNL submits that petitioners 1 and 3 may supply two higher type vehicles for a period of two months as a concessional measure. But, in so far as the 2nd petitioner is concerned, since he has five lower type vehicles, that facility need not be made available to the 2nd petitioner. In the circumstances, I am of the view that the same facility be afforded to all the three petitioners. In the result, this writ petition is closed directing the respondents to make requisition for two higher type vehicles from each of the petitioners for a period of two months from today. It is open to the petitioners to respond to Exts.P5, P6 and P7 and supply of vehicles thereafter shall be subject to the decision taken by the BSNL in that regard. (V. GIRI, JUDGE) ttb