IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WA.No. 1170 of 2011 --------------------- AGAINST THE JUDGEMENT IN WPC.17206/2011 Dated 27/06/2011 .................... APPELLANT/PETITIONER: --------------------------- V.MUHAMMED BASHEER,PWD CONTRACTOR, SHAJI QUARTERS,P.O.KARAVUNTHURUTHI,FEROKE, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE AIRPORTS AUTHORITY OF INDIA, CALICUT INTERNATIONAL AIRPORT,CALICUT AIRPORT.P.O, KERALA-673647. 2. SENIOR MANAGER-ENGG.(C)-I,AII,CALICUT INTERNATIONAL AIRPORT,KERALA,CALICUT AIRPORT.P.O, KERALA-673647. 3. P.S.DEVAKUMAR,SENIOR MANAGER-ENGG.(C)-I, AII,CALICUT INTERNATIONAL AIRPORT,KERALA. CALICUT AIRPORT.P.O,KERALA-673647. 4. SULPHIKAR.P.K,AGED 48 YEARS,KOLATHIKKAL HOUSE,KOIPARAMBA,AREEKODE, MALAPPURAM DISTRICT - 673 639. R1 BY ADV. SRI. S. SUJIN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 1170 of 2011 APPENDIX APPELLANT'S EXHIBITS: ANNEXURE A1 : TRUE COPY OF THE SCHEDULE TO THE WORK DATED 5.9.2007 MENTIONED IN EXHIBIT P3 ALONG WITH ACCEPTANCE LETTER DATED 5.9.2007 ISSUED BY THE FIRST RESPONDENT IN FAVOUR OF THE PETITIONER. ANNEXURE A2 : TRUE COPY OF THE COMMUNICATION DATED 18.4.2007 AND SCHEDULE ISSUED BY THE FIRST RESPONDENT. ANNEXURE A3 : TRUE COPY OF THE BILL OF QUANTITIES IN RESPECT OF SERIAL NO.3 IN EXHIBIT.P1 TENDER NOTICE. ANNEXURE A4 : TRUE COPY OF THE BILL OF QUANTITIES IN RESPECT OF SERIAL NO.5 IN EXHIBIT.P1 TENDER NOTICE. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1170 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2011 JUDGMENT J.Chelameswar, C.J. Aggrieved by judgment dated 27.06.2011 in W.P.(C) No.17206 of 2011, the unsuccessful petitioner preferred the instant appeal. 2. The respondents issued Ext.P1 tender notice inviting tenders for the various works mentioned therein. The appellant intended to participate in the tendering process and made an application for the tender documents. But, his application was rejected and the tender documents were not issued to the appellant on the ground that the appellant did not have the requisite experience of having executed works similar to the works covered by Ext.P1 tender notice. 3. Challenging the action of the respondents in rejecting the tender documents, the appellant herein approached this Court by filing the abovementioned writ petition which was dismissed by the judgment under appeal. W.A. No.1170 of 2011 -:2:- 4. Irrespective of the correctness of the judgment under appeal, which question we do not propose to go into, we are of the opinion that the instant writ appeal is required to be dismissed on another ground, i.e., admittedly respondents proceeded with the tendering process and awarded the contract in favour of 4th respondent and admittedly the execution of the work by the 4th respondent is partially complete. In the circumstances, we do not see any reason to entertain the appeal. The Writ Appeal is therefore dismissed at the admission stage. It goes without saying that if the appellant still believes that the tender documents were illegally denied to the appellant by respondents 1 to 3, it is open for the appellant to take such other appropriate legal action against the respondents as available under law. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb