IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 27524 of 2008(B) ------------------------------------- PETITIONER(S): ---------------------- ABDUL SATHAR.H.R, S/O. ISMAIL, AGED 36 YEARS, H.R. HOUSE, MANATHUMANGALAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------ 1. THE SECRETARY, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE PERINTHALMANNA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERINTHALMANNA MUNICIPALITY BUILDING, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. THE CHAIRMAN, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA, MALAPPURAM DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 5. SHRI.P.M. MUSTHAFA, PROPRIETOR, P.M. FISH COMPANY, PERINTHALMANNA, MALAPPURAM DISTRICT. ADV. SRI.P.K.VIJAYAMOHANAN FOR R1 SRI.S.RAMESH BABU FOR R5 GOVERNMENT PLEADER SRI.M.R.SABU FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27524/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PETTIION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DT. 9.9.08. P2:- COPY OF THE INITATION FOR BIDDING PUBLISHED IN MADHYAMAM DAILY DT. 28.7.08. P3:- COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DT. 8.9.08. P4:- COPY OF THE COMPLAINT SUBMITTED BY THE SHRI. H.R.SHOUKATH, BROTHER OF THE PETITIONER BEFORE THE IST RESPONDENT DT. 26.9.08. P5:- COPY OF THE COMPLAINT SUBMTITED BY THE EMPLOYEES OF THE FISH MARKET BEFORE THE IST RESPONDENT DT. 26.9.08. P6:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE PERINTHALMANNA MUNICIPALITY DT. 16.9.08. /TRUE COPY/ P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 27524, 27639 & 29678 of 2008 =-=-=-=-=-=-=-==-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th November, 2008. J U D G M E N T Petitioners are challenging notification dated 26-7-2008 issued by the 2nd respondent-Municipality inviting tenders for implementation, construction, operation and maintenance of a fish market at Perinthalmanna, Malappuram District on B.O.T basis. The notification is challenged by the petitioners on several grounds. One of the grounds is that as per rules, the notification has to be published in two leading dailies, that too, in Malayalam. The petitioners submit that the notification issued by the 2nd respondent does not satisfy that requirement. 2. After hearing, the learned counsel for the Municipality submits that without prejudice to their contentions in respect of the same, the Municipality is prepared to issue fresh notification inviting tenders in accordance with the rules. This course of action is agreeable to the petitioners in these writ petitions also. Accordingly, the writ petitions are disposed of as follows: The notification dated 26-7-2008 would stand cancelled. The 2nd respondent shall take further proceedings in the matter after publishing a fresh notification inviting tenders in two Malayalam dailies, namely, Mathrubhoomi and Malayala Manorama and in two English dailies, namely, New Indian Express and the Hindu. The notification in Malayalam dailies shall be in Malayalam and the notification in English dailies shall be in English. I further make it clear that the contentions of the petitioners are left open to be raised, if necessary, again. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.