IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 2325 of 2005(B) ------------------------- PETITIONER(S): --------------- JOSEPH A. MATTOM, GOVT. CONTRACTOR, MATTOM HOUSE, CHETTIKULAM P.O., CHALAKUDY, TRICHUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (NATIONAL HIGHWAYS), THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, P.W.D., (ROADS & BRIDGES) CENTRAL CIRCLE, ALUVA. GOVERNMENT PLEADER SRI. K. SANIL KUMAR FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).WPC/2325/05 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:-TRUE COPY OF SELECTION NOTICE NO.DT-3356/03 DT.20.12.04 ISSUED BY R3 EXT.P2:-TRUE COPY OF DETAILS REGARDING THE TENDER NO.P1 1/SECCA/2004-05 PUBLISHED BY R3 EXT.P2(a):-TRUE COPY OF RELEVANT PROVISIONS OF MDSS EXT.P3:-TRUE COPY OF GO(MS).12/97/PW&T DT.29.1.97 ISSUED BY R1 EXT.P4:-TRUE COPY OF GO(MS)84/97/PW&T DT.19.8.97 ISSUED BY R1 EXT.P5:-TRUE COPY OF REPRESENTATIION DT.3.1.05 FILED BEFORE R3 EXT.P5(a):-REPRESENTATION DT. 6.1.05 FILED BEFORE R1 RESPONDENT'S EXHIBITS:- NIL okb //True Copy// P.A. to Judge C.K.ABDUL REHIM, J. ------------------------------ W.P.(C)No.2325 OF 2005 ------------------------------ Dated this the 7th day of July, 2009 J U D G M E N T ---------------------- The challenge in this writ petition is against condition No:V in Ext.P4 Government Order by which modifications were effected to the “PWD Code and Manual” governing the terms and conditions of tenders and execution of contract works. It is submitted by the learned Government Pleader that the above writ petition was filed in the context of the petitioner's participation in a tender invited for the work of “re-construction of Thrikkur bridge across Thrikkurpuzha at 4th Km of Ollur - Thrikkur road in Thrissur District”. It is further submitted that the work was already awarded to some other contractor and it stands already completed. Therefore the issue pertaining to the imposition of the condition in the tender of the said work does not survive for consideration. Under the above circumstances this writ petition is disposed of as infructuous, without prejudice to the right of the petitioner to challenge Ext.P4 in any other appropriate case. C.K.ABDUL REHIM, JUDGE. okb