JUDGMENT

The above writ petition is filed with following prayers:

i) “Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 2 and 3 to provide the minimum guarantee order of materials to be supplied by the petitioner of 200 to 300 MT of products, as stipulated in Ext P1 to P3 during the subsistence of the contract period, in the interest of justice.

ii) If found necessay, to call for the records leading to Exts P4 and P5 and may be pleased to issue a writ of certiorari to quash the same AND iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.”

2. When this matter came up for consideration on

9.6.2021,this Court considered the grievance of the petitioner and passed the following order :

“Admit. Government Pleader accepts notice for 1st respondent. Standing Counsel accepts notice for respondents 2 & 3. 2.

2. It is the case of the petitioner that he was the successful bidder under Ext.P1 and that while the petitioner is undertaking supply of the product pursuant to Ext.P1, for the same product a fresh tender has been invited. The petitioner apprehends that the issuance of a fresh tender will affect the supply under Ext.P1 and that the minimum off-take of the product which is guaranteed under Ext.P1.

3. Standing counsel for respondents 2 & 3 submits that the tender in terms of Ext.P5 has already been finalized and the petitioner is one of the beneficiaries of a portion of work allotted under Ext.P5. He also submits that the product to be supplied under Ext.P1 and the product to be supplied under Ext.P5 are different and the customers are also different. He seeks time to file a detailed statement in the matter.

Post after two weeks.”

3. Today, when the matter came up for consideration, the learned Government Pleader submitted that the product to be supplied under Ext.P1 and the product to be supplied under Ext.P5 are different and the customers are also different. It is also submitted by the Government Pleader that the contract with the petitioner will expire on 01.10.2021. In the light of the above clarification, I think there is nothing survives in this case.

4. Therefore, recording the above submission, this writ petition can be closed, with liberty to the petitioner to raise any other surviving contentions before the appropriate authority.

Hence, this writ petition is closed with the above liberty.

SD/-

P.V.KUNHIKRISHNAN JUDGE

SKS

APPENDIX OF WP(C) 11990/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE E-TENDER NOTICE DATED

23.01.2021 PUBLISHED BY THE SECOND RESPONDENT WITH ALL OTHER TERMS AND CONDITIONS.

Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED

31.03.2021 BY THE SECOND RESPONDENT TO THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE AGREEMENT FOR SUPPLY OF MAIZE SILAGE FILLED IN PLASTIC BAGS DATED

19.04.2021.

Exhibit P4 A TRUE COPY OF THE DECISION NO.10 OF THE MANAGING COMMITTEE OF THE SECOND RESPONDENT TAKEN DATED 28.05.2021.

Exhibit P5 A TRUE COPY OF THE TENDER NOTICE DATED

07.04.2021 OF THE 2ND RESPONDENT.