IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WA.No. 1483 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.29040/2007 DATED 29/05/2008 .................... APPELLANT: ------------------- WADAKKANCHERY BLOCK MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD., REGN.1125, WADAKKANCHERRY P.O. THRISSUR, REP. BY ITS PRESIDENT SRI.E.K.DIVAKARAN. BY ADV. MR.GEORGE POONTHOTTAM. RESPONDENTS: ------------------------ 1. THE DISTRICT MEDICAL OFFICER (HEALTH), THRISSUR. 2. THE SUPERINTENDENT,THALAPPILLY TALUK GOVERNMENT OFFICER, OTTUPARA, WADAKKANCHERRY P.O., THRISSUR. 3. HOSPITAL DEVELOPMENT COMMITTEE, THALAPPILLY TALUK GOVERNMENT HOSPITAL, REPRESENTED BY ITS CONVENER (SUPERINTENDENT, THALAPPILLY TALUK GOVERNMENT HOSPITAL) WADAKKANCHERRY P.O., 4. WADAKKANCHERRY BLOCK PANCHAYAT, REPRESENTED BY ITS SECRETARY, WADAKKANCHERRY, THRISSUR. 5. WADAKKANCHERRY SERVICE CO.OP.BANK 3279 WADAKKANCHERRY P.O., TRICHUR, REPRESENTED BY THE SECRETARY. R1 TO R3 BY GOVT. PLEADER SMT. K. MEERA, R4 BY ADV. MR.M.G.KARTHIKEYAN, R5 BY ADV. SRI. G. SREEKUMAR (CHELUR). THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & P.BHAVADASAN, J. -------------------------------------- W.A.No.1483 of 2008 ------------------------------------- Dated 13th February, 2009 JUDGMENT Koshy, Ag.C.J . Fourth respondent Block Panchayat invited tenders for starting Neethi Medical Store. Ext.P13 was issued by the fourth respondent inviting tenders for running the Neethi Medical Store. Appellant submitted Ext.P14 and fifth respondent submitted Ext.P15 tenders. In the tender, the petitioner offered Rs.3,000/= per month. Contention of the petitioner is that fifth respondent did not offer any amount in the tender, but, only stated that whatever amount fixed by he fourth respondent will be paid. Agreement was executed for Rs.3,500/=. It is the case of the petitioner that if he was aware that the fourth respondent wanted minimum Rs.3,500/=, he also could have offered that amount. In any event, tender was invited. Lack of permission from the Registrar of Co-operative Societies at the time of tender is another ground for rejecting the petition. In any event, tender was invited for a period of one year. Ext.P13 was published on 08.052007. More than one and a half years have passed. In these circumstances, we are not going into further controversies. Neethi Medical Store is an urgent necessity. Fourth respondent is directed W.A.1483/2008 2 to take immediate steps to re-tender the matter and finalisation procedure may be taken as early as possible. Till then status quo shall be maintained. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE P.BHAVADASAN JUDGE tks