IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 19224 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. JEENA JACOB, GOPURATHINGAL HOUSE, ANGAMALY SOUTH, ERNAKULAM. 2. M.VALSA RAJ, VISHNU TRANSPORT, KOCHI REFINARY ROAD, IRUPANAM, ERNAKULAM. 3. K.S.JAGANATHAN, SRI BHARATHI TRANSPORT, SAROJINI NIVAS, PUTHIYA ROAD JUNCTION, IRUPANAM, ERNAKULAM. 4. P.P.CHACKO, ALLIED SURFACE LOGISTICS, PADICKALA HOUSE, I.Q.ROAD, CHALAKUDY, THRISSUR. 5. A.M.DAVID, V.O.C.TRANSPORT, ANAMTHURUTHIL HOUSE, CHITRAPUZHA, IRUPANAM P.O. 6. NISHA CHACKO, PADICKALA HOUSE, I.Q.ROAD, CHALAKUDY, THRISSUR. 7. P.P.DEVASSY KUTTY, PARAPPILLY HOUSE, MALAYATTOOR P.O., ERNAKULAM. 8. K.C.VARGHESE, KANJIRAVELIL HOUSE, PAZHANTHOTTAM P.O., ERNAKULAM. 9. JACOB MANY, OIL TRANSPORTING CONTRACTORS AND SOUTHERN ROADLINES, 33/2165 AYROOKUZHIYIL HOUSE, COCHIN BYE-PASS, VENNALA P.O. 10. C.S.SHALU, CHATHANAIPARAMBIL HOUSE, CHERUVALOOR P.O., KORUTHY VIA, THRISSUR. WP(C).No. 19224 of 2009 :: 2:: 11. OMANA GEORGE, PALAMUTTATHU HOUSE, ELANJIPRA P.O., CHALAKUDI, TRISSUR. 12. MINI PAUL, PALAMATTATHU HOUSE, THRAMWAY ROAD, CHALAKUDY, TRISSUR. 13. C.A.MOITHEEN MANSOOR, CMA TRANSPORT, ANAMALAI JN. CHALAKUDY, THRISSUR. 14. SUBASH M.S., AGED 38 YEARS, S/O.SREEDHARAN, MANIYELI HOUSE, PANIPRA P.O., NAGACHERY KARA, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.JAYACHANDRAN SRI.M.S.SAJEEV KUMAR SMT.KEERTHI SOLOMON RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, BHARATH PETROLEUM CORPORATION LTD., CURRIMBHOY ROAD, BALLAD ESTATE, MUMBAI. 2. THE REGIONAL MANAGER, BHARATH PETROLEUM CORPORATION LTD., SOUTHERN REGIONAL OFFICE, CHENNAI. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1& R2 SRI.S.SUJIN FOR R1& R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.19224 of 2009 ---------------------------------------- Dated this the 17th day of August, 2009. JUDGMENT The 1st respondent issued Ext.P1 notification inviting bid from tanker lorry owners for the contract of transporting of petroleum products with effect from 1.5.2009 for a period of two years. The petitioners are owners of such lorries and they have submitted their applications. Tender documents were to be opened on 22.4.2009. 119 tenders were received by the 1st respondent pursuant to Ext.P1 notification. The petitioners were not called for negotiation and hence this writ petition with the following reliefs: i) To issue a writ of mandamus or any other appropriate writ or order directing the respondents permitting the petitioners for the negotiations as per Ext.P1 to be conducted on 8.7.2009 onwards; ii) To issue a writ of mandamus or any other appropriate writ or order stay the finalisation of the tenders submitted as per Ext.P1; W.P.(C).No.19224 of 2009 :: 2 :: iii) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice.” 2. A statement has been filed on behalf of respondents 1 and 2. 3. The common ground raised in relation to the petitioners is that they are contractors of another company and therefore, the company thought it inappropriate to consider their tenders. 4. I heard learned counsel for the petitioners Mr.P.V.Jayachandran and Mr.N.N.Sugunapalan learned senior counsel for the respondents. 5. It cannot be said that the respondents are acting in an unreasonable manner, if they insist that those persons, who have entered into agreement with another oil company for transporting petroleum products, should not be considered. In these circumstances, I do not find my way to give any relief to the writ petitioners. W.P.(C).No.19224 of 2009 :: 3 :: Writ petition is disposed of leaving the other contentions raised by the petitioners open. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge