W. A. No. 844 of 2023 -1- 2025:KER:27465 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WA NO. 844 OF 2023 AGAINST THE JUDGMENT IN WP(C) NO.13573 OF 2023 OF HIGH COURT OF KERALA APPELLANT/S: CITSA TECHNOLOGIES PVT. LTD. AGED 40 YEARS REGISTERED OFFICE AT 424 A, MANAKANDATHIL HOUSE, MADAPLATHURUTH, MOOTHAKUNNAM, NORTH PARAVOOR, ERNAKULAM. REPRESENTED BY ITS MANAGING DIRECTOR SREEKUMAR P. M., PIN - 683516 BY ADVS. C.UNNIKRISHNAN (KOLLAM) NIDHI BALACHANDRAN VIVEK NAIR P. ANANDA PADMANABHAN VIJAYKRISHNAN S. MENON GOUTHAM KRISHNA U.B. UTHARA A.S RESPONDENT/S: 1 KERALA STATE INFORMATION TECHNOLOGY INFRASTRUCTURE (KSITIL) REPRESENTED BY MANAGING DIRECTOR, 1ST FLOOR, SANKETHIKA, PF ROAD, VRINDAVAN GARDEN, PATTOM P.O., THIRUVANATHAPURAM, PIN - 695004 2 THE CHAIRMAN KERALA STATE INFORMATION TECHNOLOGY W. A. No. 844 of 2023 -2- 2025:KER:27465 INFRASTRUCTURE (KSITI), 1ST FLOOR, SANKETHIKA, PF ROAD, VRINDAVAN GARDEN, PATTOM P.O., THIRUVANATHAPURAM., PIN - 695004 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF I.T., SECRETARIAT, TRIVANDRUM., PIN - 695001 BY ADVS. K.A. ABDUL SALAM THOMAS MATHEW NELLIMOOTTIL AYSHA YOUSEFF S.KANNAN, SENIOR G.P.(GP-49) SUNIL V.MOHAMMED(K/001561/2000) MOLLY JACOB(K/483/1976) JOBI.A.THAMPI(K/1167/2001) C.M.EBRAHIM(K/000415/2013) SHOUKATH HUSAIN(K/000158/2015) AKHEELA FARZANA(K/001679/2023) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. A. No. 844 of 2023 -3- 2025:KER:27465 J U D G M E N T Dated this the 28th day of March, 2025 Nitin Jamdar, C. J. The Appellant / Original Petitioner has filed W. P. (C) No. 13573 of 2023 challenging the cancellation of tender where the Appellant is stated to be the successful bidder with the lowest quote. The tender was issued on 8 March 2023. The learned Single Judge by order dated 13 April 2023 had rejected the petition. The tender was for supply, installation, testing and commission of ISP hardware and software for KFON for a period of 45 days. No interim relief was granted against the cancellation of the tender in the petition or the appeal. Since there is no interim order, the tender work must have already been allotted. Perhaps that is the reason why none appears for the Appellant. 2. The appeal is accordingly dismissed for non-prosecution. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S. MANU JUDGE Eb W. A. No. 844 of 2023 -4- 2025:KER:27465 APPENDIX OF WA 844/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE E MAIL RECEIVED BY THE APPELLANT ON 08/03/23 FROM THE 1ST RESPONDENT. Annexure A2 A TRUE COPY OF THE REQUEST FOR PROPOSAL OF SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF ISP HARDWARE AND SOFTWARE FOR KERALA FIBRE OPTIC NETWORK PUBLISHED BY KERALA STATE INFORMATION TECHNOLOGY INFRASTRUCTURE LIMITED