IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WA.No. 2292 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19224/2009 Dated 17/08/2009 .................... APPELLANT(S): PETITIONERS 5 AND 14 --------------------------------------------------------- 1. A.M.DAVID, V.O.C. TRANSPORT, ANAMTHURUTHIL HOUSE, CHITRAPUZHA, IRIMPANAM.P.O. 2. SUBHASH.M.S. S/O. SREEDHARAN MANAYELI HOUSE PANIPRA.P.O., NAGACHERY KARA KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.J.R.PREM NAVAZ RESPONDENT(S): PETITIONERS 1 TO 4 AND 6 TO 13 -------------------------------------------------------------------------- 1. THE MANAGING DIRECTOR, BHARATH PETROLEUM CORPORATION LTD., CURRIMBJOY ROAD, BALLARD ESTATE MUMBAI. 2. THE REGIONAL MANAGER, BHARATH PETROLEUM CORPORATION LTD., SOUTHERN REGIONAL OFFICE CHENNAI. * 3. JEENA JACOB, GOPURATHINGAL HOUSE ANGAMALY SOUTH, ERNAKULAM. 4. M.VALSA RAJ, VISHNU TRANSPORT KOCHI REFINERY ROAD, IRIMPANAM, ERNAKULAM. 5. K.S.JAGANATHAN, SRI.BHARTHI TRANSPORT SAROJINI NIVAS, PUTHIYA ROAD JUNCTION, IRIMPANAM, ERNKULAM. 6. P.P.CHACKO, ALLIED SURFACE LOGISTICS, PADICKALA HOUSE, I Q ROAD, CHALAKUDY THRISSUR. 7. NISHA CHACKO, PADICKALA HOUSE I Q ROAD, CHALAKUDY, THRISSUR. WA NO.2292/2009 -2- 8. P.P.DEVASSY KUTTY, PARAPPILLY HOUSE MLAYATTOOR.P.O. ERNAKULAM. 9. K.C.VARGHESE, KANIRAVELIL HOUSE PAZHANTHOTTAM.P.O,ERNAKULAM. 10. JACOB MANY, OIL TRANSPORTING CONTRACTORS AND SOUTHERSN ROAD LINES, 33/2165, AYROOLIZHIYIL HOUSE, COCHIN BYEPASS, VENNALA. 11. C.S.SHALU, CHATHANAIPARAMBIL HOUSE CHERUVALOOR.P.O. KORUTHY VIA, THRISSUR. 12. OMANA GEORGE, PALAMUTTATHU HOUSE ELANJIPRA.P.O. CHALAKUDY, THRISSUR. 13. MINI PAUL, PALAMATTATHU HOUSE, THRAMWAY ROAD, CHALAKUDY THRISSUR. 14. C.A.MOITHEEN MANSOOR, CMA TRANSPORT ANAMALAI JUNCTION, CHALAKUDY, THRISSUR.)* (*DELETED-RESPONDENTS 3 TO 14 ARE DELETED FROM PARTY ARRAY OF RESPONDENTS AS PER ORDER DATED 3/11/2009 IN IA 1109/09 IN THIS WA) ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1,2 SRI.S.SUJIN FOR R1,2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.A. NO. 2292 OF 2009 =================== Dated this the 2nd day of June, 2011 J U D G M E N T Antony Dominic, J. This appeal is filed against the judgment in WP(C) No.19224/09 in which the appellants called in question an order passed by the respondents rejecting their tender. It is now brought to our notice that Ext.P1 tender notice in response to which the tender was submitted was for a period of two years w.e.f. 1/5/2009. Therefore obviously by lapse of time the tender period itself is over and therefore the subject matter of the writ petition has virtually become infructuous. In that view of the matter, we dismiss the writ appeal, but however we clarify that if the appellants have a case that by the impugned action of the respondents they have suffered any damages, it will be open to them to work out their remedies before the appropriate civil court. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp