IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WA.No. 654 of 2009 AGAINST THE JUDGEMENT/ORDER IN WPC.4458/2009 Dated 26/02/2009 .................... APPELLANT: -------------------- A.IBRAHIM KUTTY, GOVERNMENT CONTRACTOR,VALIYATH HOUSE, PUTHENCHANTHA P.O., CHAVARA, KOLLAM - 691 587. BY ADV. SRI.K.BABU THOMAS RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARAIT, TRIVANDRUM. 2. THE CHIEF ENGINEERS COMMITTEE FOR PRE-QUALIFICATION OF CONTRACTORS REP. BY ITS CONVENER & CHIEF ENGINEER, IRRIGATION & GENERAL ADMINISTRATION, PUBLIC OFFICE, TRIVANDRUM. 3. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, PROJECT CIRCLE, KANNUR 678 002. 4. M/S. RAMKAY INFRASTRUCTURE LTD RAJ BHAVAN ROAD, SOMAJIGUDA, HYDRADABAD -82. REP. BY ITS MANAGING DIRECTOR. SPECIAL GOVERNMENT PLEADER SRI.N.MANOJKUMAR FOR R1 SRI.ELVIN PETER SMT.POOJA SURENDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.654 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September 2009 JUDGMENT A.K.BASHEER, J. It is brought to our notice that the contract for construction of Regulator-cum-Bridge at Chamravattom across Bharathappuzha was awarded to respondent No.4 who was prequalified under Ext.P5 and that respondent No.4 has commenced the work in June 2009. The work is in progress in terms of the schedule. It is also brought to our notice that the appellant has preferred another writ petition challenging the order rejecting the demand for his pre-qualification. 2. Learned counsel for the appellant submits that in view of the intervening developments, the appellant does not intend to pursue this appeal any further. She prays that all the contentions raised by the appellant in this writ appeal may be permitted to be urged in the writ petition now pending before the learned Single Judge, if so advised. The above prayer is granted. Writ appeal is closed in the above terms. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes