IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 27363 of 2011(U) ------------------------------------- PETITIONER ------------------ ALL KERALA SOCIAL WELFARE SOCIETY REG NO.Q 256/2008 N.N.BHAVAN, OPPOSITE TO AL UTHMAN SCHOOL, KAZHAKKOOTTAM PO, THIRUVANANTHAPURAM 695852, REPRESENTED BY ITS PRESIDENT, A.P.IBRAHIM KUTTY. BY ADVS. SRI.K.JAYAKUMAR, SENIOR ADVOCATE SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.SUNIL J.CHAKKALACKAL SRI.R.SURAJ KUMAR RESPONDENTS ---------------------- 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF KERALA, INDUSTRIES (F) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION P.B.NO.50, HOUSING BOARD,SECRETARIAT THIRUVANANTHAPURAM 695 001. R1 & R2 BY GOVT. PLEADER SRI. MOHAMMED IQBAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 27363 of 2011(U) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION DT.30.04.2008. EXT.P2: TRUE COPY OF THE RELEVANT PAGES OF MEMORANDUM OF ASSOCIATION EXT.P3: TRUE COPY OF THE REPRESENTATION DT.1.10.2010 BEFORE THE HON'BLE MINISTER FOR INDUSTRY BY THE PETITIONER. EXT.P4: TRUE COPY OF THE REQUEST RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. dlk ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 27363 of 2011 ---------------------------------------- Dated this the 19th day of December, 2011 JUDGMENT The prayer sought in the writ petition is for a direction to consider Ext.P3, a representation that was made by the petitioner, which is stated to be now pending before 1st respondent, for the disposal of selling scrap materials without a process of tender. When public property is sold, tender process is the rule and any other process can only be an exception. Therefore, the request to sell materials of the respondent without a process of tender, itself cannot be entertained. 2. For this Court to direct the respondents to take a decision on the representation made by the petitioner, petitioner should have made out a case that it has a legal right for such consideration. In this case the petitioner has not been able to satisfy me, that it has any legal right for this Court to order consideration of Ext.P3. Therefore, this Court may not be justified in directing consideration of such representation. W.P.C. No. 27363 OF 2011 -2- 3. For these reasons, I am unable to consider the prayer of the petitioner to direct consideration of Ext.P3 representation. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE. Kp/-