Kerala High Court

M And T Constructions vs State Of Kerala on 12 January, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                   &
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943
                           WA NO. 692 OF 2021
   AGAINST THE JUDGMENT IN WP(C) 976/2021 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:

     1     M & T CONSTRUCTIONS
           VALIYAKAVALA, VAIKOM P.O., KOTTAYAM DISTRICT, REPRESENTED
           BY ITS MANAGING PARTNER, MANOJ KRISHNA.
     2     MANOJ KRISHNA,
           MANAGING PARTNER, M AND T CONSTRUCTIONS, VALIYAKAVALA,
           VAIKOM P.O., KOTTAYAM DISTRICT.
           BY ADVS.
           SRI.KURIAN GEORGE KANNANTHANAM (SR.)
           BABU JOSEPH KURUVATHAZHA
           SMT.K.S.ARCHANA


RESPONDENTS/RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
           PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
           695001.
     2     CHIEF ENGINEER (ADMINISTRATION),
           PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE BUILDING, MUSEUM,
           THIRUVANANTHAPURAM -695033.
     3     SUPERINTENDING ENGINEER,
           PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), SOUTH
           CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM,
           THIRUVANANTHAPURAM-695033.
 W.A.Nos.692 & 720 of 2021          2




     4       SUPERINTENDING ENGINEER,
             PUBLIC WORKS DEPARTMENT (BUILDINGS AND LOCAL WORKS),
             SOUTH CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM,
             THIRUVANANTHAPURAM-695033.

             SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.01.2022, ALONG WITH WA.720/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.A.Nos.692 & 720 of 2021           3




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                    &
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943
                            WA NO. 720 OF 2021
  AGAINST THE JUDGMENT IN WP(C) 28248/2020 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:

     1      MANOJ KRISHNA
            AGED 55 YEARS
            MANAGING PARTNER, M & T CONSTRUCTIONS, VALIYAKAVALA,
            VAIKOM P.O., KOTTAYAM DISTRICT.
     2      M & T CONSTRUCTIONS,
            VALIYAKAVALA, VAIKOM P.O., KOTTAYAM DISTRICT, REPRESENTED
            BY ITS MANAGING PARTNER, MANOJ KRISHNA.
         BY ADVS.
         SRI.KURIAN GEORGE KANNANTHANAM (SR.)
         BABU JOSEPH KURUVATHAZHA
         K.S.ARCHANA
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
           PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
           695001.
     2     CHIEF ENGINEER (ADMINISTRATION),
           PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE BUILDING, MUSEUM,
           THIRUVANANTHAPURAM-695033.
 W.A.Nos.692 & 720 of 2021           4




     3       THE SUPERINTENDING ENGINEER,
             PUBLIC WORKS DEPARTMENT (ROADS & BRIDGES) SOUTH CIRCLE,
             PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-
             695033.
     4       THE SUPERINTENDING ENGINEER,
             PUBLIC WORKS DEPARTMENT (BUILDINGS & LOCAL WORKS), SOUTH
             CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM,
             THIRUVANANTHAPURAM-695033.


             SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.01.2022,
ALONG WITH WA.692/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.A.Nos.692 & 720 of 2021                5




                                      JUDGMENT

Dated this the 12th day of January, 2022

S. MANIKUMAR, CJ.

Being aggrieved, by the common judgment in W.P.(C) Nos.28248 of 2020

and 976 of 2021 dated 11.2.2021, instant appeals are filed.

2. M/s.M.T. Constructions and Manoj Krisha - appellants herein, are the firm

and Managing Partner, respectively.

3. Though, the common judgment is assailed on several grounds, Mr.Kurian

George Kannanthanam, learned Senior Counsel appearing for the appellants,

submitted that after filing of the writ appeals, appellants and another partner,

Mr.V.T.Thomas, have submitted a representation dated 23.2.2021 to the Secretary

to the Government, Department of Public Works, Government Secretariat,

Thiruvananthapuram and Superintending Engineer, Public Works Department

(Buildings & Local Works), Thiruvananthapuram - respondent Nos.1 & 3

respectively, to issue directions to all the concerned authorities under the PWD as

well as other work awarding authorities, to treat the registration certificate

(Annexure A1) as the registration of the firm, 'M/s.M&T Constructions', for all

purposes of contract works and the said representation - Annexure 48, and if the

said representation is directed to be disposed of by the Secretary to the

Government, Department of Public Works, Government Secretariat,

Thiruvananthapuram - respondent No.1, it would suffice the situation, and there is

no requirement for consideration of the appeals on their merit.

4. Mr.Tek Chand, learned Senior Government Pleader, submitted that he has

no objection for issuing a direction to the Secretary to the Government,

Department of Public Works, Government Secretariat, Thiruvananthapuram -

respondent No.1, to consider the representation dated 23.2.2021 (Annexure 48), if

received and pending. For brevity, the representation dated 23.2.2021, is

reproduced hereunder:

5. Placing on record the above submission, there shall be a direction to the

Secretary to the Government, Department of Public Works, Government Secretariat,

Thiruvananthapuram - respondent No.1, to pass appropriate orders on the

representation dated 23.2.2021, if received and pending, within one month from the

date of receipt of a copy of this judgment.

With the above directions, writ appeals are disposed of.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

                                                        SHAJI P.CHALY
smv                                                        JUDGE





                               APPENDIX OF WA 720/2021

PETITIONER ANNEXURES
Annexure A1               TRUE COPY OF THE WORK ORDER DATED 22.09.2010

ISSUED BY THE KERALA STATE CONSTRUCTION CORPORATION LTD., IN FAVOUR OF "M/S.M&T CONSTRUCTIONS.

Annexure A2 TRUE COPY OF THE SELECTION NOTICE DATED 11.02.2016 ISSUED BY THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, THIRUVANANTHAPURAM, IN FAVOUR OF "M/S.M&T CONSTRUCTIONS.

Annexure A3 TRUE COPY OF THE SELECTION NOTICE DATED 11.05.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF "M/S.M&T CONSTRUCTIONS.

Annexure A4 TRUE COPY OF THE SELECTION NOTICE DATED 07.06.2018 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF M/S.M&T CONSTRUCTIONS.

Annexure A5 TRUE COPY OF THE SELECTION NOTICE DATED 31.10.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF M/S.M&T CONSTRUCTIONS.

Annexure A6 TRUE COPY OF THE SELECTION NOTICE DATED 31.10.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF M/S.M&T CONSTRUCTIONS.

Annexure A7 TRUE COPY OF THE SELECTION NOTICE DATED 15.11.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF M/S.M&T CONSTRUCTIONS.

Annexure A8 TRUE COPY OF THE SELECTION NOTICE DATED 20.02.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF M/S.M&T CONSTRUCTIONS.

Annexure A9 TRUE COPY OF THE SELECTION NOTICE DATED 24.10.2019 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF M/S.M&T CONSTRUCTIONS.

Annexure A10 TRUE COPY OF THE SELECTION NOTICE DATED

20.02.2020 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF M/S.M&T CONSTRUCTIONS.

Annexure A11 TRUE COPY OF THE SELECTION NOTICE DATED 27.01.2010 ISSUED BY THE 4TH RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A12 TRUE COPY OF THE WORK ORDER DATED 21.12.2021 ISSUED BY THE KERALA STATE CONSTRUCTION CORPORATION LTD., IN FAVOUR OF THE 1ST APPELLANT. Annexure A13 TRUE COPY OF THE WORK ORDER DATED 29.11.2013 ISSUED BY THE KERALA STATE CONSTRUCTION CORPORATION LTD., IN FAVOUR OF THE 1ST APPELLANT. Annexure A14 TRUE COPY OF THE SELECTION NOTICE DATED 23.06.2015 ISSUED BY THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, THIRUVANANTHAPURAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A15 TRUE COPY OF THE SELECTION NOTICE DATED 23.07.2015 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A16 TRUE COPY OF THE SELECTION NOTICE DATED 24.11.2014 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A17 TRUE COPY OF THE SELECTION NOTICE DATED 28.07.2015 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A18 TRUE COPY OF THE SELECTION NOTICE DATED 17.02.2016 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A19 TRUE COPY OF THE SELECTION NOTICE DATED 28.07.2015 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A20 TRUE COPY OF THE SELECTION NOTICE DATED 17.07.2017 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A21 TRUE COPY OF THE SELECTION NOTICE DATED

29.07.2017 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A22 TRUE COPY OF THE SELECTION NOTICE DATED 21.07.2018 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A23 TRUE COPY OF THE SELECTION NOTICE DATED .09.2018 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A24 TRUE COPY OF THE SELECTION NOTICE DATED 25.09.2018 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A25 TRUE COPY OF THE SELECTION NOTICE DATED 28.09.2018 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A26 TRUE COPY OF THE SELECTION NOTICE DATED 09.01.2020 ISSUED BY THE 3RD RESPONDENT, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A27 TRUE COPY OF THE SELECTION NOTICE DATED 24.02.2016 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A28 TRUE COPY OF THE SELECTION NOTICE DATED 31.10.2017 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A29 TRUE COPY OF THE SELECTION NOTICE DATED 13.11.2017 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A30 TRUE COPY OF THE SELECTION NOTICE DATED 18.11.2017 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A31 TRUE COPY OF THE SELECTION NOTICE DATED 27.12.2017 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A32 TRUE COPY OF THE SELECTION NOTICE DATED

11.06.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A33 TRUE COPY OF THE SELECTION NOTICE DATED 31.10.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A34 TRUE COPY OF THE SELECTION NOTICE DATED 07.04.2020 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A35 TRUE COPY OF THE SELECTION NOTICE DATED 16.10.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A36 TRUE COPY OF THE SELECTION NOTICE DATED 16.02.2018 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A37 TRUE COPY OF THE SELECTION NOTICE DATED 20.02.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A38 TRUE COPY OF THE SELECTION NOTICE DATED 28.02.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A39 TRUE COPY OF THE SELECTION NOTICE DATED 27.02.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A40 TRUE COPY OF THE SELECTION NOTICE DATED 02.03.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A41 TRUE COPY OF THE SELECTION NOTICE DATED 02.03.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A42 TRUE COPY OF THE SELECTION NOTICE DATED 07.03.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A43 TRUE COPY OF THE SELECTION NOTICE DATED 07.03.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A44 TRUE COPY OF THE SELECTION NOTICE DATED 07.03.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A45 TRUE COPY OF THE SELECTION NOTICE DATED 16.08.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A46 TRUE COPY OF THE SELECTION NOTICE DATED 16.08.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.

Annexure A47 TRUE COPY OF THE SELECTION NOTICE DATED 28.11.2019 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA, IN FAVOUR OF THE 1ST APPELLANT.