IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 7830 of 2007(F) ------------------------- PETITIONER: ------------ INFORTECH PRIVATE LTD,SOFTWARE TECHNOLOGY PRAK OF INDIA,KACHERIPADY,ERANAKULAM, REPRESENTED BY DIRECTOR P.V.JOHN. BY ADV. SRI.K.M.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY GOVERNMENT SECRETARIT,THIRUVANANTHAPURAM. 2. THE CORPORATION OF KOCHI,REPRESENTED BY SECRETARY. 3. SOFTWARE TECHNOLOGY PARK OF INDIA (STPI), TECHNOLOGY PARK,KACHERIPADY,REPRESENTED BY DIRECTOR. BY G.P. SRI.K.J.MUHAMMED ANZAR BY ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATI SRI.G.S.REGHUNATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 7830 of 2007 ---------------------------------- Dated this the 7th day of January , 2007 JUDGMENT No counter affidavit has been filed by the Corporation. It was peremptorily ordered on 1.1.2008 that if no counter affidavit is filed, the case would be disposed of as if the Corporation has no counter to be filed. 2. I have heard the submissions of Sri. K.M.Varghese, the learned counsel for the petitioner, Sri.K.J.Muhammed Anzar, the learned Government Pleader for the State and also Smt.Pushpalatha counsel for the Corporation. 3. Having regard to the submissions, I am of the view that there is justification for directing the Corporation to reconsider Ext.P7. However, such re-consideration shall be subject to the conditions. Accordingly, I quash Ext.P7 and direct the Corporation to hear the petitioner again and take a fresh decision on condition that the petitioner pays to the Corporation within one month from today an amount of Rs.3 Lakhs (Rupees Three Lakhs) without prejudice to its conditions. If payment is not made as directed above, within the WPC No. 7830/2007 2 specified time, Ext.P7 shall stand confirmed. PIUS C. KURIAKOSE, JUDGE. dpk