IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 38235 of 2007(B) -------------------------- PETITIONER: ------------ WEST COAST LABOUR CONTRACT CO-OPERATIVE SOCIETY, REGD.NO.A-964, POONKAVU, PATHIRAPALLY P.O., ALAPPUZHA-688 521, REPRESENTED BY ITS SECRETARY, RENY MATHEW, D/O.MATHEW. BY ADV. SRIR.AZAD BABU RESPONDENTS: ------------- ALAPPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, M.O.WARD, ALAPPUZHA. BY SC SRI.M.K.CHANDRA MOHAN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALL HEARD ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF RESOLUTION NO.III PASSED BY THE MANAGING COMMITTEE DATED 18.12.2007. EXT.P2: COPY OF CERTIFICATE OF REGISRATION ISSUED UNDER SECTION 8 OF THE SAID ACT DATED 29.9.93. EXT.P3: COPY OF THE BYELAWS RELATING TO THE PETITIONER SOCIETY. EXT.P4: GO(MS) NO.133/07/LSD DATED 18.5.2007. EXT.P5: COPY OF ORDER CLASSIFYING THE PETITIONER SOCIETY AS A CLASS ACCREDITED AGENCY PASSED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM DATED 7.3.2006. EXT.P6: COPY OF THE PROCEEDINGS DATED 2.7.2007 OF THE RESPONDENT. EXT.P6(A) COPY OF THE DECISION A CONTAINED IN EXT.P6 DATED 2.7.2007. EXT.P7: COPY OF TENDER ADVERTISEMENT DATED NIL. EXT.P8; COPY OF THE LETTER DATED 28.1.2008 INR ESPECT OF THE TENDER PROJECT NO.124 EXT.P9; COPY OF NOTICE DATED 28.1.2008 IN RESPECT OF THE TENDER PROJECT NO.128 EXT.P10 SERIES; TRUE COPY OF POSTAL COVER IN WHICH EXT.P8 AND P9 NTOICES WERE ISSUED TO THE PETITIONER. EXT.P11; COPY OF THE LETTER DATED 5.2.2008 SUBMITTED BY THE PETITIOENR INR ESPECT OF PROJECT NO.124 EXT.P12; COPY OF LETTER SENT BY THE PETITIONER IN RESPECT OF PROJECT NO.128 DATED 5.2.2008 EXT.P13 SERIES; COPY OF ACKNOWLEDGEMENTS DATED 5.2.2008 ISSUED BY THE RESPONDENTS UPON RECEIPTS OF EXT.P11 AND P12 LETTERS. EXT.P14; COPY OF RE-TENDER DATED 14.2.2008 PUBLISHED BY THE RESPONDENT. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 38235 of 2007 ---------------------------------- Dated this the 18th day of March , 2008 JUDGMENT My attention is drawn by Sri. M.K.Chandramohan Das the learned Standing counsel to Resolution No.8 passed by the Municipal Council. Under this decision, the Municipality has decided to cancel the tender and to go in for re-render. The prayers in this Writ Petition are the following; a). Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P6(a) resolution. b). Issue mandamus or any other appropriate writ, order or direction commanding the respondent to permit the petitioner to participate in the tender proceedings pursuant to Ext.P7 tender notice.. WPC No.38235/2007 2 c). Such other or further orders as this Hon'ble Court may deem just and fit in the circumstances of the case. 2. Considering the petitioners prayer for interim relief, this court permitted the petitioner to submit his tender before the respondent Municipality and directed the Municipality to permit the petitioner also to participate in the tender proceedings subject to further orders. Accordingly, the petitioner was permitted by the Municipality to participate in the tender. On considering the tender submitted by the petitioner, the Municipality invited the petitioner for negotiation. The negotiation was unsuccessful. It was in the wake of the failure of the negotiation that the Municipality has passed the resolution No.8 on 15.3.2008. In the teeth of that resolution, the prayers in this writ petition cannot survive. 3. Sri.R.Azad Babu, the learned counsel for the petitioner drew my attention to Exts.P11 and P12 and requested that the Municipality be directed to consider Exts.P11 and P21. I am unable to grant the learned counsel's request since the same will be beyond the scope of the present writ petition. WPC No.38235/2007 3 I dispose of this writ petition, on the premise that the prayers have become infructuous, without prejudice to the petitioner's right to initiate fresh proceedings on the basis of any subsequent cause of action. PIUS C. KURIAKOSE, JUDGE. dpk