REJI JOHN vs THE ASSISTANT EXECUTIVE ENGINEER - 2019 Supreme(Online)(KER) 40777

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2019 Supreme(Online)(KER) 40777

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941
WP(C).No. 7350 of 2019
PETITIONER/S:
1
THOMAS FRANCIS
PARIYANICKAL HOUSE, ELLAKKAL.P.O., THEKKUMKANAM,
IDUKKI DISTRICT, PIN-685565.
2
REJI JOHN
THERUVATH HOUSE, MANNAMKANDAM.P.O., 1000 ACRE, IDUKKI
DISTRICT, PIN-685561.
BY ADV. SRI.JOSE J.MATHEIKAL
RESPONDENT/S:
1
THE KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.
PIN-695004,
2
THE CHIEF ENGINEER (CIVIL)
DAM SAFETY, DRIP, THE KERALA STATE ELECTRICITY BOARD
LIMITED, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
PIN-695004.
3
THE EXECUTIVE ENGINEER,
KSEB LTD., RESEARCH AND DAM SAFETY DIVISION, PAMBLA,
THATTEKKANNI.P.O., IDUKKI DISTRICT,
PIN-685606.
4
THE ASSISTANT EXECUTIVE ENGINEER,
DAM SAFETY SUB DIVISION, KSEB LIMITED, PAMBLA,
THATTEKKANNI.P.O., IDUKKI DISTRICT, PIN-685606.
SRI. SUDHEER GANESH KUMAR.R, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7350 of 2019 2

This writ petition is filed by the petitioners

seeking the following relief:-

To issue a writ of mandamus or such other

appropriate writ order or direction commanding

the 4^th respondent to comply with Exhibit P3

and not to proceed with the Exhibit P1 tender

notification.

To direct the second respondent to take a

decision on Exhibit P2 petition after hearing

the parties within a time limit stipulated by

this Honourable court.

iii

To direct the 4^th respondent to remove the last

sentence in condition No 8 Part 2(c) of

Exhibit P1 Tender Notification which reads "If

the Contractor is having ITI/Diploma/BTech or

equivalent qualification, experience in dam

operation is not required".

The subject issue relates to a contract being

proceeded with violating the notice inviting tender.

Today when the matter is taken up, learned

Standing Counsel for the Electricity Board submitted

that the contract was cancelled on 29.03.2019. In the

developed circumstances, learned counsel for the

WP(C).No. 7350 of 2019 3

petitioners submitted that submission may be recorded

and the writ petition may be closed. Accordingly, the

writ petition is disposed of recording the said

submission.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 7350 of 2019 4

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF TENDER NOTIFICATION

NO.07/AEE/DSSD/PAMBLA/2018-19 DATED

18.2.2019.

EXHIBIT P2

TRUE COPY OF PETITION DATED 2.3.2019 BY

PETITIONER BEFORE SECOND RESPONDENT.

EXHIBIT P3

TRUE COPY OF ORDER DATED

CE(C-DS)LPHEP/G1/2018/214 BY THE SECOND

RESPONDENT.

EXHIBIT P4

TRUE COPY OF ORDER DATED 7.11.2018 ISSUED

BY DISCIPLINARY AUTHORITY AGAINST THE 4TH

RESPONDENT.

RESPONDNET'S/S EXHIBITS: NIL

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