IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 95 of 2006(J) ------------------------------------ PETITIONER(S): ------------------------ MAX MEDITECH PVT. LTD. 205, OPAL SQUARE, B/H.EXPRESS HOTEL, ALKAPURI, VADODARA-390 005, GUJARAT, REPRESENTED BY ITS MARKETING EXECUTIVE PARESH H.JOSHI, MARKETING EXECUTIVE. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HEALTH DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR, HEALTH SERVICES, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 95 of 2006(J) APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SPECIFICATION FOR VENTILATORS. P2 COPY OF THE LIST SHOWING INSTITUTIONS TO WHICH THE PETITIONER HAD SUPPLIED ICAU. P3 COPY OF THE STATEMENT SHOWING THE MAIN FEATURES OF OF PETITIONER'S VENTILATORS. P4 COPY OF THE REPRESENTATION BEFORE THE HON'BLE MINISTER FOR HEALTH P5 COPY OF THE TENDER NOTICE ISSUED BY 1ST RESPONDENT DATED 28/11/05. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.95 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of October, 2011 J U D G M E N T The petitioner participated in the tenders floated by the respondent for two consecutive years of 2003 & 2004. Although the petitioner was the only tenderer, the tenders were not finalised for both years. Therefore the petitioner did not participate in the tender for the year 2005. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of prohibition forbearing or restraining the respondents from floating tenders in 2005 for supply of ICU cum Anesthesia ventilators to Govt. hospitals or for taking further steps pursuant to the tender floated in 2005. ii) issue a writ of mandamus directing that the supply of 8 ICAU as per tender 68/03 and 2004 are disposed of on the basis of recommendations made by the DPC and the DHS and direct the respondents to issue orders for the supply of ICAU from the petitioner;” I am of opinion that, in so far as 6 years have already elapsed, there is no point in considering the contentions of the petitioner on merits. Accordingly the writ petition is closed without prejudice to the contentions of the petitioner W.P.(C)No.95 of 2006 -2- to be raised in subsequent tenders which may be floated by the respondents. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/