IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 OP.No. 23902 of 1998(U) ---------------------------------- PETITIONER: ------------------- M/S. PYROTECH ENGINEERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT B/5, GROUND FLOOR, PENTS ESTATE, JANATHA, PALARIVATTOM, COCHIN - 682 025, REPRESENTED BY ITS PARTNER, MRS. N. DEVIKA. BY ADV. A.M. SHAFIQUE. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. ADDITIONAL DIRECTOR OF HEALTH SERVICES-MEDICAL, DIRECTORATE OF HEALTH SERVICES, TRIVANDRUM -37. BY GOVERNMENT PLEADER SRI. V.T.K MOHANAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 42051/1998 IN O.P. NO. 23902/1998-U DISMISSED 01/02/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE NOTICE INVITING TENDER DTD. 04/12/1995 ISSUED BY THE R.2. EXT.P.2: COPY OF THE TENDER CONTAINING GENERAL CONDITIONS OF CONTRACT BEARING NO. 23/95-96. EXT.P.3: COPY OF THE QUOTATION DTD. 17/01/1996 SUBMITTED TO THE R.2. BY THE PETITIONER. EXT.P.4: COPY OF THE PURCHASE ORDER DTD. 31/03/1997 ISSUED BY THE R.2. EXT.P.5: COPY OF THE AGREEMENT DTD. 31/03/1997 EXECUTED BETWEEN THE PETITIONER AND THE GOVERNMENT. EXT.P.6: COPY OF THE JUDGMENT IN O.P. NO. 3507/98 PASSED BY THIS HONOURABLE COURT ON 17/03/1998. EXT.P.7: COPY OF THE LETTER FROM THE SUPERINTENDENT OF GOVT. GENERAL HOSPITAL, KOZHIKODE DTD. 10/09/1998. EXT.P.7.A: COPY OF THE BILL OF THE PETITIONER DTD. 31/03/1997. EXT.P.8: COPY OF THE LETTER FROM THE PETITIONER TO THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, TVM DTD. 11/09/1998. EXT.P.9: COPY OF THE LETTER FROM THE PETITIONER TO THE SUPERINTENDENT, GOVT. GEN. HOSPITAL, KOZHIKODE DTD. 15/09/1998. EXT.P.10: COPY OF THE LETTER BY THE PETITIONER TO THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, TVM. DTD. 24/09/1998. EXT.P.11: COPY OF THE LETTER FROM THE PETITIONER TO THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, TVM, DTD. 29/09/1998. O.P. NO. 23902/1998-U: EXT.P.12: COPY OF THE LETTER BY THE PETITIONER TO THE SUPERINTENDENT , GOVT. GENERAL HOSPITAL, KOZHIKODE DTD. 02/10/1998. EXT.P.13: COPY OF THE LETTER FROM THE PETITIONER TO THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, TVM, DTD. 08/10/1998. EXT.P.14: COPY OF THE REPLY SENT BY THE RESPONDENT DT. 22/12/98. EXT.P.15: COPY OF THE LETTER DT. 21/03/99 ISSUED BY DIRECTORATE OF HEALTH SERVICES. EXT.P.16: COPY OF THE REPLY LETTER DT. 01/04/99. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- O.P. No. 23902 OF 1998 --------------------------------------- Dated this the 1st day of February, 2008. J U D G M E N T The surviving grievance in this original petition is mainly with regard to return of the security deposit. Petitioner may approach the first respondent, in which case, the matter will be duly considered by the first respondent with notice to the petitioner and appropriate action in accordance with law in the matter will be taken within a period of another three months. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 23902OF 1998 J U D G M E N T 01.02.2008