IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28648 of 2011(E) -------------------------- PETITIONER(S): --------------- 1. ABHIMANYU,AGED 58,S/O.NEELAMBARAN, MALISSERY HOUSE, VALIYAZHEEKAL, ALAPPUZHA. 2. RAJU.P,AGED 48,KOCHU THOTTATHIL HOUSE, ALUMPEEDIKA PO,PRAYAR,CLAPPANA. 3. PONNU MON, AGED 35,PUTHEN MANNEL, AZHEEKAL PO, OCHIRA, ALAPPADU. 4. SUNIL KUMAR,AGED 38,VADAKKE MATHASSERIL, AZHEEKKAL PO, OCHIRA. 5. MEERA BHAI,AGED 42,VAZHA PARAMBIL, AZHEEKKAL PO, OCHIRA. 6. SUSEELA,AGED 41, PUSHPA MANGALATH, PANDARATHURUTHU PO, KARUNAGAPPALLY. 7. KRISHNA KUMAR,AGED 30, KALLUMOOTTIL, SRAYIKADU,AZHEEKKAL PO, OCHIRA. 8. SAJIKUMAR.S,AGED 35, S/O.SUKUMARAN ,REPRESENTED BY THE POWER OF ATTORNEY HOLDER SRI.JAYARAJ,AGED 47, S/O.PANKAJAKSHAN,NADAYIL KIZHAKKETHIL, AYIRAMTHENGU,ALUMPEEDIKA,OACHIRA,KOLLAM. BY ADV. SRI.MATHEW A KUZHALANADAN SRI.K.ABDUL JAWAD RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HARBOUR, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM EXECUTIVE ENGINEER. 2. EXECUTIVE ENGINEER,HARBOUR ENGINEERING DEPARTMENT,HARBOUR ENGINEERING DIVISION, ALAPPUZHA , KERALA. SR GP M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28648 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 POWER OF ATTORNEY DATED 26TH AUGUST 2011 EXHIBIT P2 COPY OF THE TENDER NOTICE ISSUED BY THE RESPONDENT DATED 21/1/2011 EXHIBIT P3 TRUE COPY OF THE LEASE AGREEMENT SIGNED BETWEEN THE IST PETITIONERS AND RESPONDENT DATED AS 24/2/2011 EXHIBIT P3(A) TRUE COPY OF THE LEASE AGREEMENT SIGNED BETWEEN THE 2ND PETITIONERS AND RESPONDENT DATED AS 1/3/2011 EXHIBIT P4 TRUE COPY OF THE DEMAND LETTER ISSUED BY THE IST PETITIONER DATED 23/4/2011 EXHIBIT P5 TRUE COPY OF THE REQUEST LETTERS DATED 20/8/2011 SUBMITTED BY THE PETITIONERS. EXHIBIT P5(A) TRUE COPY OF THE REQUEST LETTERS DATED 22/8/2011 SUBMITTED BY THE PETITIONERS. EXHIBIT P6 TRUE COPY OF THE TENDER NOTICE ISSUED BY THE RESPONDENT PUBLISHED ON 17/10/2011 (True copy) P.A to Judge ANTONY DOMINIC, J ....................................................... W.P.(C).28648/2011 .............................................. Dated this the 27th day of October, 2011 JUDGMENT Petitioners were successful bidders of shop rooms auctioned by the second respondent. According to the petitioners, they complied with the conditions of the tender and were allotted the shop rooms. The tender period was for six months. The case of the petitioners is that though the shops were allotted to them, for want of electricity and water, they could occupy and make use of the shop rooms only much later. As a result, the period of occupancy was much less than six months. It is stated that therefore, they made request for a proportionate extension of the contract period. Without considering their request, the respondents are now proceeding to invite tenders for subsequent to the six months period allotted to the petitioners. It is in these circumstances challenging the tender notice, the writ petition has been filed. 2. From the facts as noticed above, it is obvious that the relationship between the parties is contractual and the period of the contract is only six months which has already expired. Once W.P.(C).28648/11 2 the period of contract has expired, the bidder can have no legal right whatsoever to occupy the premises in question for any period beyond that. On the other hand, if it is the bidder's case that for reasons which are attributable to the respondents, he could not occupy the shop rooms. During the contract period, his remedy is to claim damages in appropriate proceedings. Such a claim does not, in any case justify any direction from this Court to extent the contract period or to consider any claim in that respect. I see nothing irregular in the tenders now invited by the respondents. Therefore, I am not inclined to entertain the writ petition. It is accordingly dismissed. ANTONY DOMINIC, Judge mrcs