Green Method Engineering (P) Ltd. vs the Managing Director, Kerala Industrial Infrastructure Development Corporation

Green Method Engineering (P) Ltd. vs The Managing Director, Kerala Industrial Infrastructure Development Corporation

Type Court Judgment Court Kerala Decided Mar 22, 2023

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Citation: sooperkanoon.com/1403535
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 22, 2023
Case Number: WP(C)/35557/2016

Parties & Advocates

Appellant / Petitioner

Green Method Engineering (P) Ltd.

Respondent

The Managing Director, Kerala Industrial Infrastructure Development Corporation

Excerpt

.....with following prayers: “i. to call for the records of the case; ii. to issue a writ of certiorari or any other appropriate writ, order or direction, quashing the ext p3 letter of acceptance and cancel the award of the work granted to the 2nd respondent; iii. to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1st respondent to re-tender the work showing all the details such as operation and maintenance showing the probable amount of contract (pac) for that work and. iv. to issue such and other further reliefs as this honourable court deems fit and proper to grant in thefacts and circumstances of this case including cost.” (sic)2. this writ petition is pending before this court from2016 onwards. no interim order is passed in this case. the main relief in this writ petition is to quash ext.p3 letter of acceptance and cancel the award of the work granted to the 2 nd respondent. 3- probably, the work awarded might have been completed, because there is no interim order passed in this case. moreover, there is no representation for the petitioner and also the respondents. i think, the prayers in this writ petition are infructuous. therefore, this writ petition is dismissed as infructuous. sd/- p.v.kunhikrishnan judge das 4- appendix of wp(c) 35557/2016 petitioner exhibits exhibit p1 true copy of the pages no.1 to 22 of the tender notification no. e tender /ktc/01/ 2016-17 exhibit p2 true copy of the electronic message sent by the 1st respondent corporation on 24.10.2016 exhibit p3 true copy of the letter no. kin/v/ktc- knr/249/2016-17 dated 21.10.2016

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 22ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945 WP(C) NO. 35557 OF 2016 PETITIONER/S: GREEN METHOD ENGINEERING (P) LTD. REPRESENTED BY ITS EXECUTIVE DIRECTOR,DAVIS MV., ATC BUILDING, MOOLEPADOM NAGAR ROAD,HMT JUNCTION, KALAMASSERY, KOCHI, PIN 683104 BY ADV SRI.C.V.MILTON RESPONDENT/S:
1 THE MANAGING DIRECTOR, KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION KINFRA HOUSE, ANNEXE, TC. NO. 9/2585,ELANKOM GARDENS, VELLAYAMBALAM,THIRUVANANTHAPURAM 695010 2 MS.CONFIDENT ENGINEEERNG INDIA PVT. LTD. SF.NO. 678/1 KURCHI, VILLAGE,MADUKARAI ROAD, SIDCO INDUSTRIAL ESTATE POST,COIMBATORE 641021 BY ADVS. SRI.P.BENNY THOMAS SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2-
P.V.KUNHIKRISHNAN, J.

====================================================== W.P.(C) No. 35557 of 2016 ============================================================= Dated this the 22nd day of March, 2023

JUDGMENT

The above writ petition is filed with following prayers: “i. To call for the records of the case; ii. To issue a Writ of certiorari or any other appropriate writ, order or direction, quashing the Ext P3 letter of acceptance and cancel the award of the work granted to the 2nd respondent; iii. To issue a Writ of Mandamus or any other appropriate writ, order or direction, commanding the 1st respondent to re-tender the work showing all the details such as Operation and Maintenance showing the probable amount of contract (PAC) for that work and. iv. To issue such and other further reliefs as this Honourable Court deems fit and proper to grant in the

facts and circumstances of this case including cost.” (sic)

2. This writ petition is pending before this Court from

2016 onwards. No interim order is passed in this case. The main relief in this writ petition is to quash Ext.P3 letter of acceptance and cancel the award of the work granted to the 2 nd respondent. 3- Probably, the work awarded might have been completed, because there is no interim order passed in this case. Moreover, there is no representation for the petitioner and also the respondents. I think, the prayers in this writ petition are infructuous. Therefore, this writ petition is dismissed as infructuous. sd/- P.V.KUNHIKRISHNAN JUDGE das 4- APPENDIX OF WP(C) 35557/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PAGES NO.1 TO 22 OF THE TENDER NOTIFICATION NO. E TENDER /KTC/01/ 2016-17 EXHIBIT P2 TRUE COPY OF THE ELECTRONIC MESSAGE SENT BY THE 1ST RESPONDENT CORPORATION ON 24.10.2016 EXHIBIT P3 TRUE COPY OF THE LETTER NO. KIN/V/KTC- KNR/249/2016-17 DATED 21.10.2016

Same Court & Year Kerala · 2023 Same Parties Green Method Engineering (P) Ltd. vs The Managing Director, K... Same Judge Honourable Mr. Justice P.V.Kunhikrishnan