IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 CON.CASE(C) NO. 364 OF 2023 AGAINST THE JUDGMENT DATED 9.3.2020 IN WP(C).NO.3895/2020 OF THE HIGH COURT OF KERALA PETITIONER/PETITIONER IN WPC 3895/2020:

RAJESH, AGED 42 YEARS, S/O RAMACHANDRAN, KAVINTETHEKKETHIL, VALATHUNGAL, ERAVIPURAM, KOLLAM DISTRICT, PIN – 691011.

BY ADV SRI.S.VIDYASAGAR RESPONDENTS/RESPONDENT 3 & 4 IN WPC 3895/2020:

1 SAJEEV, AGED 45 YEARS, SECRETARY, KOLLAM MUNICIPAL CORPORATION, CORPORATION OFFICE, KOLLAM -691001.

2 PRASANNA EARNEST, AGED 55 YEARS, THE CHAIRPERSON (MAYOR), KOLLAM MUNICIPAL COUNCIL, KOLLAM MUNICIPAL CORPORATION, KOLLAM, PIN – 691001.

SRI.S.SREEKUMAR, STANDING COUNSEL ADV.SMT.NAMITHA RAJESH THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS, J.

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Cont. Case (C) No. 364 of 2023 (arising out of the impugned judgment dated 9.3.2020 in WP(C). No. 3895/2020)

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Dated this the 11^th day of April, 2023 J U D G M E N T The afore captioned Contempt of Court case has been filed alleging non compliance of the directions and orders passed by this Court, as per Anx.1 judgment rendered on 9.3.2020 in WP(C).No.3895/2020, filed by the petitioner herein.

2. Heard Sri.S.Vidyasagar, learned counsel appearing for the petitioner and Sri.S.Sreekumar (Kollam), learned Standing Counsel instructed by Ms.Namitha Rajesh, learned counsel appearing for the respondents (Kollam Municipal Corporation).

3. Read this order in continuation of the previous orders passed by this Court in this Contempt case.

4. On 3.4.2023, Sri.S.Sreekumar (Kollam), learned Standing Counsel for the respondent Kollam Municipal Corporation, has submitted that he may be given short time to give necessary advice and instructions to the respondent Kollam Municipal Corporation authorities to ensure that further steps are taken for strict compliance of the Cont. Case (C) No. 364/2023 directions in the judgment, etc. Today, when the matter has been taken up for consideration, Sri.S.Sreekumar (Kollam), learned Standing Counsel for the respondent Kollam Municipal Corporation,would submit that he has already given written advice and instructions to the Mayor and Secretary of the respondent Kollam Municipal Corporation that, they should take immediate steps to comply with the afore directions and further that, the said competent authorities of the respondent Kollam Municipal Corporation, including the Mayor and the Secretary, have undertaken that on the petitioner approaching them for issuance of proceedings for confirmation of the re-tender proceedings in his favour, then necessary proceedings in that regard will be immediately issued by the Secretary of the respondent Kollam Municipal Corporation, confirming the said re-tender bid in favour of the petitioner. Further, the learned Standing Counsel would submit that, to avoid any further delay, the petitioner may be directed to appear before the Secretary of the respondent Kollam Municipal Corporation, this week itself.

5. Sri.S.Vidyasagar, learned counsel appearing for the petitioner, would submit on the basis of instructions of his party that, the petitioner would immediately approach the Secretary of the respondent Kollam Municipal Corporation along with a copy of this Cont. Case (C) No. 364/2023 judgment, without any further delay.

6. Accordingly, it is ordered that, in terms of the abovesaid undertaking, the respondent Secretary of the Kollam Municipal Corporation will issue necessary proceedings for confirmation of the re-tender bid in favour of the petitioner, immediately on the petitioner approaches him for issuance of proceedings in that regard. In the light of the undertaking given by the competent authorities of the respondent Kollam Municipal Corporation, there may not