IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 4876 of 2009(E) ------------------------- PETITIONER(S): --------------- M.T.ABDUL NAZAR, P.W.D. CONTRACTOR, DEVINJA, THEKKIL FERRY P.O., CHENGALA, KASARAGOD. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS POWER SECRETARY, VIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, K.S.E.B MALAPPURAM, PIN - 676 509. 3. THE CHIEF ENGINEER, TRANSMISSION NORTH, KOZHIKODE. SC FOR R1 SR.P.P. THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.4876 OF 2009 ------------------------ Dated this the 13th day of February, 2009. JUDGMENT Petitioner was awarded a contract as per Ext.P1 and that was terminated by Ext.P2 order of the 2nd respondent. He filed an appeal. The appeal was rejected by Ext.P7 order again issued by the 2nd respondent. Ext.P7 order was challenged before this court in WP(c).No.1365/09. Finding that the authority who has terminated the contract, himself has rejected the appeal by Ext.P7 order, this court disposed of the writ petition by judgment dated 19th January, 2009 quashing Ext.P7 and directing that the matter shall be reconsidered by the first respondent. The petitioner submits that the appeal is still pending and in the meanwhile by Ext.P10, the work has been retendered. It is with that grievance the writ petition is filed. Wp(c).No.4876/09 /2/ 2. On behalf of the respondents the standing counsel points out that in pursuance to the judgment of this court referred above the petitioner has been heard by the first respondent on 9.2.2009 and orders are being issued. 3. Thus it is obvious that the appeal filed by the petitioner against Ext.P2 is still not disposed of and it is in the meanwhile the work has been retendered. Taking into account the fact that the appeal has not been disposed of till now, the writ petition is disposed of with the following directions. The appeal against Ext.P2 in which the petitioner has already been heard shall be disposed of as expeditiously as possible by the first respondent. It is directed that until disposal of the appeal though the respondent can proceed with Ext.P10, the tender shall not be fialised. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ Wp(c).No.4876/09 /2/