IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 5500 of 2008(D) ------------------------- PETITIONER(S): ------------------ K. RUKHIYA, AGED 40 YEARS W/O. K.A.IBRAHIM, KUNNAPULLY HOSE, AKALOOR P.O. (VIA) OTTAPALAM, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY SECRETARY HEALTH DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. DISTRICT HOSPITAL DEVELOPMENT COMMITTEE- PALAKKAD REP. BY ITS PRESIDENT DISTRICT PANCHAYAT, PALAKKAD. 3. THE SUPERINTENDENT DISTRICT HOSPITAL, PALAKKAD. 4. K.A. HAMSA, S/O.ENTHIYANKUTTY KUNNAPULLY HOUSE, PAZHAYA LAKKIDI AKALOOR P.O., PALAKKAD. ADV. SRI.V.CHITAMBARESH (SR.) FOR R4 SRI.T.C.SURESH MENON FOR R4 SRI.JIBU P THOMAS FOR R4 SRI.P.S.APPU FOR R4 GOVERNMENT PLEADER SMT.M.R.SREELAHA FOR R1, R2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.5500/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE TENDER NOTIFICATION DT 12.12.2007 ISSUED BY THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE TENDER FORM SUBMITTED BY THE PETITIONER. EXT.P3: TRUE COPY OF THE SOLVENCY CERTIFICATE PRODUCED BY THE PETITIONER ALONG WITH HER EXT.P2 TENDER. EXT.P4: TRUE COPY OF REQUEST DT.2.1.2008 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT ALONG WITH DEMAND DRAFT OF RS.21,000/- EXT.P5: TRUE COPY OF THE DEMAND DRAFTS DATED 31.12.2007 FOR RS.45,000/- AND RS.15,000/- EXT.P6: TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT, DT 2.1.2008. EXT.P7: TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DT 2.1.2008 TO THE 3RD RESPONDENT. EXT.P8: TRUE COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DT 19.1.2008 IS PRODUCED. EXT.P9: TRUE COPY OF THE PROCEEDINGS DATED 17.1.2008 ISSUED BY THE 3RD RESPONDENT. EXT.P10: COPY OF ARTICLE PUBLISHED IN MATHRUBHUMI DAILY DT 7.11.2008. EXTS.OF R2 EXT.R2(a): COPY OF JUDGMENT IN WPC NO.3220/08 DT 29.8.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 5500 OF 2008 (D) ==================== Dated this the 18th day of December, 2008 J U D G M E N T Petitioner was the bidder for running a canteen in the premises of Government District Hospital, Palakkad. According to the petitioner, she was the highest bidder also. Despite this, the tender was not given. 2. Irrespective of the controversies that are now raised, it is the accepted position that the tender has since been cancelled. If that be so, even if the petitioner was the highest bidder, nothing turns on that offer. 3. Now that the cancellation has been ordered, it is open to the 2nd respondent to initiate the re tender process and the 2nd and 3rd respondents shall ensure that re tender process is expedited and completed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp