IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 21205 of 2009(U) ---------------------------------------- PETITIONER(S): ------------------------- M/S.ZOOM DEVELOPERS PVT.LTD., 5TH FLOOR, 'C' BLOCK, DEVCHAND HOUSE, SHIVSAGAR ESTATE, DR.ANNIE BESANT ROAD, WORLI, MUMBAI-400 018, REPRESENTED BY ITS VICE PRESIDENT MR.MINOO PARDIWALLA. BY MR.M.K.DAMODARAN, SENIOR ADVOCATE, BY ADV.MR.SATHISH NINAN, MR.SANTHOSH MATHEW. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. VIZHINJAM INTERNATIONAL SEAPORT LTD., 115, 3RD FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. BID EVALUATION COMMITTEE FOR EVALUATION OF THE TECHNICAL BIDS OF THE INTERNATIONAL SEAPORT AND CONTAINER TRANSSHIPMENT TERMINAL AT VIZHINJAM, VIZHINJAM INTERNATIONAL SEA PORT LIMITED, 115, 3RD FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. REPRESENTED BY ITS CHAIRMAN. 4. SRI.L.RADHAKRISHNAN IAS, FORMER PRINCIPAL SECRETARY,(PORTS)& MD & CEO,VISL PRESENTLY WORKING AS SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. Kss ..2/- ..2.... WPC.NO.21205/2009 U 5. IL & FS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, IST FLOOR, AUM PLAZA, #76, 3RD CROSS, NEAR HOTEL BALLAL RESIDENCY, RESIDENCY ROAD, BANGLORE-360 025. REPRESENTED BY ITS SENIOR VICE PRESIDENT. 6. L&T RAMBOLL CONSULTING ENGINEERS, CORPORATE OFFICE, 339/340, ANNA SALAI, NANDANAM, CHENNAI-600 035. REPRESENTED BY ITS CEO. 7. LANCO KONDAPALLI POWER PVT.LTD., REGISTERED OFFICE:PLOT#4, SOFTWARE UNITS LAYOUT, HITEC CITY, MADHAPUR, HYDERABAD-500 081, ANDHRA PRADESH, REPRESENTED BY ITS MANAGING DIRECTOR. 8. MAYTAS INFRA LIMTED, NO.6-3-1186/5/A, 3RD FLOOR, AMOGH PLAZA, BEGUMPET, HYDERABAD-500 016. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 9. M/S.NAGARJUNA CONSTRUCTION COMPANY LTD., CORPORATE OFFICE, NAGARJUNA HILLS, HYDERABAD-500082, REPRESENTED BY ITS MANAGING DIRECTOR. 10. M/S.VIDEOCON INDUSTRIES LTD., 14 KMS STONE, AURANGABAD-PAITHAN ROAD, CHITEGAON, TQ.PAITHAN, DISTRICT-AURANGABAD, PIN:431 105, REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY ADVOCATE GENERAL MR.C.P.SUDHAKARA PRASAD R4 BY ADVS.SMT.PRABHA R.MENON, MR.M.KRISHNAKUMAR. R5 BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, MR.JACOB SEBASTIAN. R7 BY MR.ABRAHAM VAKKANAL, SENIOR ADVOCATE, BY ADV.MR.PAUL ABRAHAM VAKKANAL, MR.DIJO SEBASTIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21205/2009 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REQUEST FOR PROPOSAL FOR CONSTRUCTION OF INTERNATIONAL DEEPWATER SEAPORT & CONTAINER TRANSHIPMENT TERMINAL. P2: COPY OF THE REQUEST FOR PROPOSAL ISSUED BY THE GOVERNMENT OF KERALA IN AUGUST 2007. P3: COPY OF THE LIST OF CONSORTIA PUBLISHED IN THE WEB SITE OF THE 2ND RESPONDENT. P4: COPY OF THE MINUTES OF THE BID EVALUATION COMMITTEE MEETING HELD ON 6/05/2008. P5: COPY OF G.O.(MS) NO.28/08/F&PD DTD. 24/05/2008. P6: COPY OF I.A.1/2/09 FILED IN CIVIL APPEAL 841-842 OF 2009. P7: COPY OF I.A.3-4/09 FILED IN CIVIL APPEAL 841-842 OF 2009. P8: COPY OF REPLY AFFIDAVIT FILED BY THE STATE GOVERNMENT ON 16/03/2009. P9: COPY OF THE REPLY AFFIDAVIT FILED ON BEHALF OF IL & FS. P10: COPY OF THE REJOINDER FILED BY THE PETITIONER DTD. 18/03/2009. P11: COPY OF THE REPORT ON THE EVALUATION OF TECHNICAL BID OF THE PETITIONER DTD. 24/02/2009. P12: COPY OF THE CLARIFICATION SUBMITTED BY THE PETITIONER ON 2/04/2009. P13: COPY OF THE LETTER SUBMITTED BY THE PETITIONER ON 17/04/2009. P14: COPY OF G.O.(MS) 27/09 F & PD DTD. 30/04/2009. P15: COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE CHIEF SECRETARY ON 19/06/2009. P16: COPY OF THE LETTER DTD. 22/07/2009 SENT BY THE PETITIONER TO THE STATE GOVERNMENT. Kss ..2/- ..2.... WPC.NO.21205/2009 U P17: COPY OF THE 1ST E-MAIL DTD. 18/02/2009 ALONG WITH ATTACHMENT LETTER DTD. 18/02/2009. P18: COPY OF THE LETTER SEEKING EXTENSION OF 6 HOURS. P19: COPY OF THE LETTER RECEIVED BY THE SPONSOR DTD. 19/02/2009. P20: COPY OF THE LETTER SENT BY THE PETITIONER DTD. 20/02/2009. P21: COPY OF THE LETTER OF INTENT ISSUED IN FAVOUR OF LANCO CONSORTIUM ISSUED ON 30/09/2008. P22: COPY OF THE LETTER SENT BY AUTHORIZED SIGNATORY OF NAGARJUNA CONSTRUCTION COMPANY LTD. DTD. 12/03/2009. P23: COPY OF THE MINUTES OF THE MEETING OF THE BID EVALUATION COMMITTEE ON 12/02/2009. P24: COPY OF THE NEWS ITEM PUBLISHED IN THE INDIAN EXPRESS DAILY DTD. 14/10/2009. RESPONDENT'S EXHIBTIS & ANNEXURES: R7(A): COPY OF THE LETTER SEND BY M/S. LANCO TO VISL DTD.10/10/2008. R7(B): COPY OF THE LETTER SEND BY M/S. LANCO TO VISL DTD. 14/10/2008. R7(C): COPY OF THE LETTER SEND BY M/S. LANCO TO VISL DTD. 12/11/2008. R7(D): COPY OF THE LETTER SEND BY M/S. LANCO TO VISL DTD. 10/03/2009. R7(E): COPY OF THE LETTER SEND BY M/S.LANCO TO VISL DTD. 17/06/2009. R7(F): COPY OF THE LETTER SEND BY M/S. LANCO TO PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA (PORTS) DTD. 1/06/2009. R7(G): COPY OF THE LETTER SEND BY M/S.LANCO TO VISL DTD. 23/06/2009. R7(G): COPY OF THE LETTER SEND BY M/S. LANCOTO VISL DTD. 23/06/2009. Kss ..3/- ..3... WPC.NO.21205/2009 U ANNEX.R1(A): COPY OF G.O.(MS) NO.56/09/F&PD DTD. 07/08/09. ANNEX.R1(B): COPY OF G.O.(MS) NO.51/09/F&PD DTD. 08/09/09. ANNEX.R1(C): COPY OF LETTER DTD. 28/07/09. ANNEX.R1(D): COPY OF LETTER DTD. 31/08/09. ANNEX.R1(E): COPY OF G.O. DTD. 11.11.09. ANNEX.R1(F): COPY OF G.O. DTD. 03/03/2010. /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21205/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2010 J U D G M E N T It is submitted by the learned counsel for the petitioner and the learned Advocate General appearing for the State that the writ petition can be disposed of in view of the subsequent developments, especially, in the light of Ext.R1(b) and R1(e) produced along with the statements filed by the first respondent. 2. In Ext.R1(b), the Government cancelled the existing tender process followed in the matter of Development of Deepwater International Container Transshipment Terminal at Vizhinjam. The feasibility of future options and future course of action also is being examined by the Government and it is also stated therein that a final decision will be taken in due course after thorough consideration by the Board of Directors of the Vizhinjam International Seaport Limited and Government. 3. Ext.R1(e) is a copy of G.O.(Ms)No.73/09/F&PD dated 11/11/2009. Paragraphs (7) and (8) of the same show that the Government has accorded sanction for the proposal of the Board of Directors of Vizhinjam International Seaport Ltd. to appoint M/s.International Finance Corporation as Project Advisors. W.P.(C). No.21205/2009 -:2:- 4. It is submitted by the learned counsel for the petitioner that in the light of the above, relief Nos.1 to 5 in the writ petition have become academic and the petitioner is not seeking any of those reliefs. With regard to relief No.6, it is submitted that the contentions with regard to the same in the writ petition may be left open. It is made clear that this Court has not considered anything on the merits of the allegations raised in support of the said relief and the denial of these allegations by the contesting respondents in the matter. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms