Kerala High Court
P.S.Santhosh Kumar vs The State Of Kerala on 12 December, 2018
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940
WP(C).No. 21035 of 2016
PETITIONER:
P.S.SANTHOSH KUMAR
VAZHAKKAPALLY, MUHAMMA P.O, CHERTHALA
TALUK,ALAPPUZHA, 688 525.
BY ADVS.SRI.K.SHAJ
SRI.SAJJU.S
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE KERALA STATE WATER TRANSPORT DEPARTMENT
REPRESENTED BY ITS MANAGING DIRECTOR,DIRECTORATE
OF STATE WATER TRANSPORT DEPARTMENT,NEAR KSRTC BUS
STATION, ALAPPUZHA 688 011.
3 DIRECTOR
KERALA STATE WATER TRANSPORT DEPARTMENT
REPRESENTED BY ITS MANAGING DIRECTOR, DIRECTORATE
OF STATE WATER TRANSPORT DEPARTMENT,NEAR KSRTC BUS
STATION, ALAPPUZHA 688 011.
4 THE DEPARTMENT OF PORTS
GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY
(PORTS), OFFICE OF THE DIRECTORATE OF
PORTS,VALLAKKADAVU P.O, VALIYATHURA,
THIRUVANANTHAPURAM 695 008.
5 KERALA PORTS
REPRESENTED BY ITS DIRECTOR, OFFICE OF THE
DIRECTOR OF PORTS, VALLAKKADAVU P.O,VALIYATURA,
THIRUVANANTHAPURAM 695 008.
6 THE DIRECTOR, KERALA PORTS, OFFICE OF THE
DIRECTORATE OF PORTS,VALLAKKADAVU P.O,
VALIYATHURA, THIRUVANANTHAPURAM,695 008.
WPC.21035/16
2
7 COCHIN UNIVERISTY OF SCIENCE AND TECHNOLOGY
REPRESENTED BY ITS REGISTRAR, THRIKKAKARA,
SOUTH KALAMASSERY, KOCHI 682 022.
8 DESCON
DEPARTMENT OF SHIP TECHNOLOGY,REPRESENTED BY THE
HEAD OF THE DEPARTMENT,COCHIN UNIVERSITY OF
SCIENCE AND TECHNOLOGY,THRIKKAKARA, SOUTH
KALAMASSERY, KOCHI 682 022.
9 DR.K.SIVAPRASAD,[NAVAL ARCHITECT,
SHIP BUILDING TECHNOLOGY, CUSAT], CHINTAMANI
GRIHAM, HARITHA NAGAR, TEMPLE ROAD, H45, COCHIN
UNIVERSITY P.O, COCHIN 682 022.
10 DR.DILEEP K. KRISHNAN
[OF DESCON, DEPARTMENT OF SHIP TECHNOLOGY,
CUSAT], VI/670, SANTHI, THRIKKAKARA,
KOLLAMKUDIMUGAL ROAD,COCHIN 682 021.
11 NAVALT SOLAR AND ELECTRIC BOATS PRIVATE LIMITED
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
CHIEF NAVAL ARCHITECT, 111/29A, NORTH
KALAMASSERY,683 104.
12 M/S. BRISTOL BOATS (DIVISION OF CHIKA PVT. LTD)
REPRESENTED BY ITS MANAGING DIRECTOR, AROOR
INDUSTRIAL DEVELOPMENT AREA, AROOR,
ALAPPUZHA DISTRICT, 688 534.
13 JOSEPH XAVIER
TRAFFIC SUPERINTENDENT, KERALA STATE WATER
TRANSPORT DEPARTMENT, DIRECTORATE OF STATE WATER
TRANSPORT DEPARTMENT,NEAR KSRTC BUS STATION,
ALAPPUZHA 688 011.
SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERL
GOVERNMENT PLEADER SRI.TEK CHAND
R11 SRI.P.SATHISAN
R9 SRI.SAJITH KUMAR V.
R7 SRI.S.KRISHNAMOORTHY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.21035/16
3
JUDGMENT
Hrishikesh Roy, C.J.
1. Heard the learned counsel Sri.K.Shaj appearing for the petitioner. Also heard the learned Government Pleader Sri.Tek Chand, representing the Government Authorities. Sri.P.Satheesan the learned counsel is appearing for the respondent No.11.
2. While this Writ Petition is styled as a Public Interest Litigation and the challenge is to the granting of contract to the respondent No.11 for construction of a solar paneled boat, the learned counsel for the respondent No.11 points out that the boat was constructed and supplied in the year 2016 itself and is in operation for the last two years. Accordingly, he submits that nothing survives in this litigation and the same may now be closed.
3. On the other hand, the petitioner submits that the court should inquire into the circumstances under which the contract was awarded.
4. Having regard to the fact that the contract was settled through a regular tender process and the supplied boat has been in operation for over two years without cause for any complaint, we feel that the Writ Petition need not be kept pending any further. The same is accordingly disposed of.
Sd/-
HRISHIKESH ROY CHIEF JUSTICE Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE kkb.
WPC.21035/16 4APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1. COPY OF THE GOVERNMENT ORDER NO.252/2012/TRANSPORT DATED 19.5.12 ISSUED BY DEPARTMENT OF TRANSPORT, STATE OF KERALA.
EXHIBIT P2. COPY OF THE FEASIBILITY STUDY IN RESPECT OF DESIGN, CONSTRUCTION AND OPERATION OF 75 PAX SOLAR PASSENGER FERRY BOAT IN THE THAVANAKADAVU - VAIKOM ROUTE CONDUCTED BY THE TENTH RESPONDENT DATED 10.5.13.
EXHIBIT P3. COPY OF RECORD OF DISCUSSIONS OF THE TECHNICAL COMMITTEE HELD ON 10.12.12 AT THE DEPARTMENT OF SHIP TECHNOLOGY, CUSAT.
EXHIBIT P4. COPY OF MINUTES OF THE MEETING OF THE TECHNICAL COMMITTEE CONSTITUTED UNDER EXHIBIT P1 ORDER HELD ON 23.8.13.
EXHIBIT P5. COPY OF TENDER NO.83/C1/13-14 DATED 10.01.2014 ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P6. COPY OF MINUTES OF THE MEETING OF THE TECHNICAL COMMITTEE HELD ON 4.12.13.
EXHIBIT P7. COPY OF ORDER NO.C1-4602/12 DATED 25.3.14 IN THE PROCEEDINGS OF THE THIRD RESPONDENT.
EXHIBIT P8. COPY OF INVOICE DATED 25.3.14 ISSUED BY THE ELEVENTH RESPONDENT AND APPROVAL GRANTED BY THE THIRD RESPONDENT.
EXHIBIT P9. COPY OF REPORT DATED 26.3.14 SUBMITTED BY THE MECHANICAL ENGINEER OF THE SECOND RESPONDENT TO THE SECOND RESPONDENT.
WPC.21035/16 5EXHIBIT P10. COPY OF MINUTES OF THE MEETING OT THE TECHNICAL COMMITTEE HELD ON 20.10.14.
EXHIBIT P11. COPY OF THE MINUTES OF MEETING HELD BY THE TECHNICAL COMMITTEE ON 6.11.13 AT THE DEPARTMENT OF SHIP TECHNOLOGY CUSAT FOR TECHNICAL EVALUATION OF THE TENDERS FOR THE SOLAR PASSENGER BOAT.
EXHIBIT P12. COPY OF INCORPORATION OF THE ELEVANTH RESPONDENT COMPANY OBTAINED FROM THE WEBSITE OF THE REGISTRAR OF COMPANIES, ERNAKULAM.
EXHIBIT P13. COPY OF PHOTOGRAPH OF THE SHD BELONGING TO THE ELEVENTH RESPONDENT IN PADANNA NEAR KODUNGALLUR.
EXHIBIT P14. COPY OF REPLY LETTER DATED 1.1.16 ISSUED BY THE OFFICE OF THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT P15. COPY OF SPECIFICATIONS OF THE SLAR BOAT GIVEN BY THE ELEVENTH RESPONDENT IN ITS WEBSITE.
EXHIBIT P16. COPY OF THE LETTER DATED 25.4.16 ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT.
EXHIBIT P17. COPY OF THE REPLY DATED 3.5.16 GIVEN BY THE SECOND RESPONDENT TO THE PETITIONER.
/True copy/