Surya Constructions vs State Of Kerala
2023 Latest Caselaw 8650 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                      WP(C) NO. 13723 OF 2022
PETITIONER:
           M/S.SURYA CONSTRUCTIONS
           ENGINEERS & CONTRACTORS, (JV PARTNER OF M/S. VELJI
           RATNA SORATHIA INFRA PVT .LTD), 4TH FLOOR, MALAYAIL
           MAJESTY, NEAR RAILWAY OVER BRIDGE, REFINERY ROAD,
           THRIPUNITHURA, ERNAKULAM-682 301, REPRESENTED BY ITS
           MANAGING PARTNER, SHRI.JOSE VALOTHIL

          BY ADVS.
          SANTHOSH MATHEW
          ARUN THOMAS
          KARTHIKA MARIA
          ANIL SEBASTIAN PULICKEL
          ABI BENNY AREECKAL


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER
           RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANATHAPURAM-695 001
    2     KERALA WATER AUTHORITY,
          'JALABHAVAN', VELLAYAMBALAM, THIRUVANANTHAPURAM,PIN-695
          033, REPRESENTED BY ITS MANAGING DIRECTOR
    3     THE CHIEF ENGINEER (NORTHERN REGION),
          KERALA WATER AUTHORITY, KOZHIKODE,PIN-673 603
    4     THE CHIEF ENGINEER (PROJECTS & OPERATIONS)
          KERALA WATER AUTHORITY, WATER AUTHORITY CAMPUS,
          'JALABHAVAN', VELLAYAMBALAM, THIRUVANANTHAPURAM,PIN-695
          033,
    5     THE SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY, OFFICE OF THE SUPERINTENDING
          ENGINEER, PH CIRCLE, KANNUR-670 012
          BY ADV P.M.JOHNY


OTHER PRESENT:
           SMT. VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.13723 of 2022

                                     2

                   P.V.KUNHIKRISHNAN
              ---------------------
                  W.P (C) No.13723 of 2022
           ---------------------------
             Dated this the 9th day of August, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"i) Call for the records leading to Exhibits P7 and P9 and issue a writ of certiorari for quashing the same, in so far as it compels the petitioner to execute the agreement at Rs.47,81,20,426/- which is 3.33% above the tendered PAC.

(ii) Issue a writ of mandamus or any other appropriate writ order or direction, declaring that the tendering authority does not have any legal authority to unilaterally reduce the rate quoted by the petitioner from 19% above PAC to 3.33% above tendered PAC.

(iii) Issue a writ of mandamus or any other appropriate writ order or direction, commanding the respondents to issue a work order to the petitioner by refixing the amount at the rate quoted by the petitioner at 19% above PAC.

(iv) To issue such other appropriate writ, order or direction which this Court may deem fit and just under the circumstances of the case." (SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondents submitted

that the points raised in this writ petition is covered in

favour of the petitioner as per judgment dated 29.03.2023 W.P (C) No.13723 of 2022

in W.P.(C) No.27609/2022. If that is the case, this writ

petition is dispose of in tune with the directions in the

judgment dated 29.03.2023 in W.P.(C) No.27609/2022.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P (C) No.13723 of 2022

APPENDIX OF WP(C) 13723/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE E-TENDER NOTICE DATED 19.01.2022 ISSUED BY THE KERALA WATER AUTHORITY

Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE 419TH MEETING OF KERALA WATER AUTHORITY HELD ON 23.02.2021

Exhibit P3 TRUE COP OF THE COMMUNICATION DATED 15.02.2022 ISSUED BY THE GOVERNMENT TO THE MANAGING DIRECTOR OF THE KERALA WATER AUTHORITY

Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 18.03.2022 SENT BY THE MANAGING DIRECTOR, KWA TO ALL THE CHIEF ENGINEERS OF KWA

Exhibit P5 TRUE COPY OF RELEVANT PORTION OF THE NOTICE INVITING TENDER FOR THE WORK FOR JAL JEEVAN MISSION-KANNUR DISTRICT- CHENGALAYI GRAMA PANCHAYAT-WSS TO CHENGALAYI PANCHAYATH

Exhibit P6 TRUE COPY PROCEEDINGS OF THE SUPERINTENDING ENGINEER, PWD, PH CIRCLE, KANNUR, DATED 08.03.2022

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 29.03.2022 SENT BY THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY PH CIRCLE, KANNUR, TO THE PETITIONER

Exhibit P8 TRUE COPY OF THE REPLY DATED 02.04.2022 SENT BY THE PETITIONER TO THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY PH CIRCLE, KANNUR

Exhibit P9 TRUE COPY OF THE REPLY DATED 05.04.2022 RECEIVED BY THE PETITIONER FROM THE SUPERINTENDING ENGINEER, KERALA WATER W.P (C) No.13723 of 2022

AUTHORITY, PH CIRCLE, KANNUR

Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER WITH GO (P) NO.54/2019/FIN DATED 4.5.2019