IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 32550 of 2011(P) -------------------------- PETITIONER(S): ---------------------- E. SHAMSUDEEN, KOLLEPADINJATTATHIL, PALAIKKAL, THEVALAKKARA P.O. BY ADVS. SRI. M. V. BOSE SRI. VINOD MADHAVAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT COLLECTOR, KOLLAM, PIN - 691 001. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM, PIN - 691 001. 4. THE EXECUTIVE ENGINEER, HARBOUR ENGINEERING DIVISION, KOLLAM, PIN - 691 001. 5. THE ASSISTANT EXECUTIVE ENGINEER, HARBOUR ENGINEERING SUB DIVISION, NEENDAKARA, PIN - 691 582. * ADDITIONAL R6 IMPLEADED 6. P. ALBERT, MADATHIL KIZHAKKETHIL, SAKTHIKULANGARA * ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED 13.12.2011 IN I.A. NO. 19917/2011 BY SR. GOVT. PLEADER SMT. M. J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 32550 of 2011(P) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 COPY OF THE JUDGMENT IN OP NO. 7880/2001. EXT. P2 COPY OF THE JUDGMENT IN WPC NO. 27287/06. EXT. P3 COPY OF THE HEARING NOTE WAS SUBMITTED BY THE PETITIONER AND OTHERS. EXT. P4 COPY OF THE REPRESENTATION DTD. 31.5.2010 BEFORE THE REVENUE DIVISIONAL OFFICER. EXT. P5 COPY OF THE NOTICE DTD. 10.11.2011. EXT. P6 COPY OF THE NOTICE DTD. 26.11.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN ANTONY DOMINIC, J ....................................................... W.P.(C).32550/2011 .............................................. Dated this the 13th day of December, 2011 JUDGMENT Petitioner submits that he is doing petty business in Neendakara Harbour of Sakthikulangara area. In this writ petition the main complaint is regarding Exts.P5 and P6 by which he was informed that the right to supply packing materials is given to one Albert only, as he has been given tenders for the same. He is also told that if the petitioner continues such business, appropriate action will be taken against him. The prayer sought for in the writ petition is mainly for a direction to the respondents to invite tenders for selling packing materials in the port. 2. Learned Government Pleader obtained instructions and submits that since 2007, the right to sell baskets and packing materials has been awarded to one Albert based on periodically invited tenders. 3. Thus, from the submissions made by both sides, it is obvious that Mr.Albert is doing business on the basis of tenders. If that be so, Albert who is now doing business of selling packets in the Port, W.P.(C).32550/11 2 is entitled to continue his business during the contract period and that right of Albert cannot be interfered with at the instance of the petitioner. Therefore, this Court can only direct that on the expiry of present contract period, respondents should invite tenders so that, the petitioner being desirous of participating in the tender, can also respond to the tender subject to his eligibility for the same. With the above direction, the writ petition is disposed of. ANTONY DOMINIC, Judge mrcs /true copy/ PA To Judge