IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 11203 of 2010(A) --------------------------------------- PETITIONER: ------------------- PARAMESWARAN.V.R, AGED 41 YEARS, S/O.RAMAN,VETTIYADAN HOUSE, P.O VARANDARAPPILLY, THRISSUR DISTRICT. BY ADVS. SRI.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO IRRIGATION DEPARTMENT,GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 2. THE KERALA STATE MINERAL DEVELOPMENT CORPORATION LIMITED, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-33,REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE DISTRICT COLLECTOR, PALAKKAD. R1 & R3 BY SR. GOVT. PLEADER SRI. RABINDRANATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.11203 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2010 J U D G M E N T The petitioner participated in an auction for sale of sand from the catchment area of Malampuzha/Chulliyar Dam. The tender was confirmed in his favour. He claims to have complied with the tender conditions for taking delivery of the sand. While matters stood so, fresh tenders were invited by Ext.P9 which according to the petitioner is in respect of the same subject matter. The petitioner contends that it is illegal to invite fresh tenders after confirming the earlier tender in favour of the petitioner. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: i) To call for the records leading upto Exhibit P9 and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction. ii) In the alternative, to permit the petitioner to participate in the new tender after cancelling first tender and refunding him all the monies already remitted by him. W.P.(C)No.11203 of 2010 -2- iii) To declare that the entire procedure adopted by the respondents are violative of Articles 14, 19 and 21 of the Constitution of India. iv) To issue such other writs, orders or directions as this Hon'ble court may deem fit and proper in the circumstances of the case. 2. The learned Government Pleader appearing on behalf of respondents submits that Ext.P8 & P9 are in respect of different items and the sand for which the petitioner has submitted tender would be handed over to him if the petitioner complies with all the tender conditions in time. The said submission is recorded. In the above circumstances nothing survive in this writ petition. Accordingly the writ petition is closed with the above direction. S. SIRI JAGAN JUDGE shg/