Kerala High Court

M.B. Pradeep vs Kerala Water Authority on 14 August, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                   &
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                           WA NO. 725 OF 2023
 AGAINST THE JUDGMENT IN WP(C) 4845/2023 DATED 21.03.2023 OF HIGH
                            COURT OF KERALA
APPELLANT/PETITIONERS:

          M/S. STREFA PROJECTS PRIVATE LTD
          PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD,
          TELANGANA STATE - 500 062, REPRESENTED BY ITS,
          DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN -
          500062
          BY ADVS.
          GEORGE MATHEW
          ELSA DENNY PINDIS
          M.D.SASIKUMARAN
          SUNIL KUMAR A.G
          MATHEW K.T.
          GEORGE K.V.
          STEPHY K REGI
          ADARSH KURIAN


RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN

- 698101

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2023, ALONG WITH 14.08.2023THE SAME DAY DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 717 OF 2023 AGAINST THE JUDGMENT IN WP(C) 3350/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

M/S LOTUS ENGINEERS AND CONTRACTORS KERALA PVT LTD, NEAR CIVIL LINE ROAD,KARUNAGAPALLY, KOLLAM DISTRICT,, PIN - 690518 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA,PATHANAMTHITTA DISTRICT,, PIN - 689101

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 755 OF 2023 AGAINST THE JUDGMENT IN WP(C) 8578/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S HI- TECH CONSTRUCTION GROUP A1216 217 & 2018 CITI TOWER, SECTOR- 15 CBD BELAPUR, NAVI MUMBAI 400614, REPRESENTED BY POWER OF ATTORNEY HOLDER, ABRAHAM BABY, AGED 53 YEARS, S/O T.O.BABY, RESIDING AT THOTTATHIL ST. MARYS , NEAR PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA, PATHANAMTHITTA DISTRICT PIN 689101., PIN - 689101 BY ADVS.

K.N.RADHAKRISHNAN(THIRUVALLA) C.S.MANILAL

RESPONDENT/S:

1 THE KERALA WATER AUTHORITY JALA BHAVAN, NANADHAVANAM, THIRUVANANTHAPURAM PIN

-695033. REPRESENTED BY ITS MANAGING DIRECTOR,, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, JUNCTION, PH CIRCLE, KERALA WATER AUTHORITY, ALAPPUZHA PIN 688 001, PIN

- 688001 BY ADV P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON WA NO. 725 OF 2023 & CON.CASES

12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 760 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6812/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

MUHAMMED SAFVAN M.K AGED 38 YEARS, S/O. ABDULLA, AGED 38 YEARS, AMINICKAMPARAMBIL HOUSE, KOOTTUMALA, OM MURI, OORAKAM P.O.,MALAPURAM DISTRICT, PIN - 676519 BY ADVS.GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN MEDHA B.S.

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, MALAPURAM, PIN - 676505 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 761 OF 2023 AGAINST THE JUDGMENT IN WP(C) 37273/2022 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERING AND CONTRACTING COMPANY (P) LTD REP . BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENT/S:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KANNUR), KANOORKARA, KANNUR., PIN - 670012 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 768 OF 2023 AGAINST THE JUDGMENT IN WP(C) 457/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

TOMCO ENGINEERING (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM., PIN - 682316 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED YB ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN -

            695033
    2       SUPERINTENDING ENGINEER

O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN - 680001

ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 774 OF 2023 AGAINST THE JUDGMENT IN WP(C) 34088/2022 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERING AND CONTRACTING COMPANY PVT LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 775 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4717/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS.GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN -

689101

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 778 OF 2023 AGAINST THE JUDGMENT IN WP(C) 29971/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M.B. PRADEEP AGED 50 YEARS S/O. BHASKARAN NAIR, MATHILAKATH HOUSE [X/662(1 )], KOPPARAMBIL DIVINE VILLAGE ROAD, KUSUMAGIRI. P.O., KAKKANAD, PIN - 682030 BY ADVS.

SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A.

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-, PIN - 685033 2 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, MUVATTUPUZHA, PIN - 686673 3 EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, MUVATTUPUZHA, PIN - 686673

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE WA NO. 725 OF 2023 & CON.CASES

COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 780 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6328/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

K.O.JOSE AGED 74 YEARS S/O. K.U. OUSEPH, KELAKATH HOUSE, OLD MARTHOMA CHURCH ROAD, PERUMBAVOOR, ERNAKULAM, PIN - 683542 BY ADVS.

SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A.

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 685033 2 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, M UVATTUPUZHA, ERNAKULAM, PIN - 686673

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 781 OF 2023 AGAINST THE JUDGMENT IN WP(C) 9528/2023 DATED 22.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

ABU MATHEW AGED 71 YEARS KOYIKKAL HOUSE, KARIKODE.P.O., KOTTAYAM, PIN - 686610 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE) KOTTAYAM, KOTTAYAM., PIN - 686002

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 784 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6510/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M.B. PRADEEP AGED 50 YEARS S/O. BHASKARAN NAIR, MATHILAKATH HOUSE [X/662(1)], KOPPARAMBIL DIVINE VILLAGE ROAD, KUSUMAGIRI. P.O., KAKKANAD, PIN - 682030 BY ADVS.

SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A.

RESPONDENTS/RESPONDENTS:

            680001
    3       EXECUTIVE ENGINEER

KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN - 680001

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON WA NO. 725 OF 2023 & CON.CASES

13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 785 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4420/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

THAMPI C.T AGED 56 YEARS S/O. THOMAS, AGED 56 YEARS, C/O. T.D. THARAKAN, THARAKAN HOUSE, LALOOR ROAD, AYYATHOLE P.O., THRISSUR - 680 005, RESIDING AT CHACKALACKAL HOUSE, MANJALLOOR, KARIPPAKUNNU, PATTIKADUP.O.,THRISSUR DISTRICT, PIN - 680652 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN MEDHA B.S.

RESPONDENTS/RESPONDENTS:

- 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 786 OF 2023 AGAINST THE JUDGMENT IN WP(C) 9815/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

TOMCO ENGINEERING (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 682316 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED YB ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN - 680001

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 788 OF 2023 AGAINST THE JUDGMENT IN WP(C) 27666/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M.B PRADEEP AGED 50 YEARS S/O. BHASKARAN NAIR, MATHILAKATH HOUSE [X/662( 1 )], KOPPARAMBIL DIVINE VILLAGE ROAD, KUSUMAGIRI. P.O., KAKKANAD, PIN - 682030 BY ADVS.

SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A.

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-, PIN - 685033 2 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, PALAKKAD, PIN - 678001 3 EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION PALAKKAD, PIN - 678001

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE WA NO. 725 OF 2023 & CON.CASES

COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 793 OF 2023 AGAINST THE JUDGMENT IN WP(C) 39590/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

ZUBAIR V AGED 50 YEARS S/O. ABDULLA, CHERUPARAMBIL HOUSE, KODUR, P.O. MANGATTUPULAM, MALAPPURAM, PIN - 676504 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN MEDHA B.S.

RESPONDENTS:

- 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. WA NO. 725 OF 2023 & CON.CASES

CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADVS.

GOVERNMENT PLEADER (B/O) SRI.P.M.JOHNY (B/O) ADV.GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 797 OF 2023 AGAINST THE JUDGMENT IN WP(C) 40212/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR,JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (MALAPPURAM), MALAPPURAM., PIN - 676505 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 799 OF 2023 AGAINST THE JUDGMENT IN WP(C) 38695/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

THAMPI C.T AGED 56 YEARS S/O. THOMAS, AGED 56 YEARS, C/O. T.D. THARAKAN, THARAKAN HOUSE, LALOOR ROAD, AYYATHOLE P.O., THRISSUR - 680 005, RESIDING AT CHACKALACKAL HOUSE, MANJALLOOR, KARIPPAKUNNU, PATTIKADU P.O.,THRISSUR DISTRICT, PIN - 680652 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN MEDHA B.S.

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, WA NO. 725 OF 2023 & CON.CASES

PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADVS.

GOVERNMENT PLEADER (B/O) SRI.P.M.JOHNY (B/O) ADV.GEORGIE JOHNY JOSHY VV

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 801 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6365/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

GEORGE MARTIN JOSE AGED 33 YEARS S/O. K.O.JOSE, KELAKATH HOUSE, OLD MARTHOMA CHURCH ROAD, PERUMBAVOOR, ERNAKULAM, PIN - 683542 BY ADVS.

SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A.

RESPONDENTS/RESPONDENTS:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 802 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4734/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. STREFA PROJECTS PRIVATE LTD AGED 38 YEARS PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN MEDHA B.S.

RESPONDENTS/RESPONDENTS:

- 695033 WA NO. 725 OF 2023 & CON.CASES

3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN - 689101

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY SPL GP, K.V.MANOJKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 803 OF 2023 AGAINST THE JUDGMENT IN WP(C) 38602/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

GEORGE MATHEW AGED 58 YEARS S/O. MATHEW, AGED 58 YEARS, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P.O.,MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686670 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. WA NO. 725 OF 2023 & CON.CASES

CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001

BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY SPL. GP SRI.K.V.MANOJKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 804 OF 2023 AGAINST THE JUDGMENT IN WP(C) 39375/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. MICHAEL & MICHAEL PIPES PVT. LTD 2ND FLOOR, MATHEW SONS GATEWAY, VYTTILA P.O, ERNAKULAM - 682019, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 682019 BY ADV T.V.GEORGE

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM, PIN -

            695033
    2       SUPERINTENDING ENGINEER

KERALA WATER AUTHORITY, O/O THE SUPERINTENDING ENGINEER, P H CIRCLE, ( KOCHI), ERNAKULAM P.O, ERNAKULAM, PIN - 682011

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 808 OF 2023 AGAINST THE JUDGMENT IN WP(C) 42346/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 809 OF 2023 AGAINST THE JUDGMENT IN WP(C) 34124/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERING AND CONTRACTING COMPANY PVT LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009 BY ADV P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 810 OF 2023 AGAINST THE JUDGMENT IN WP(C) 33310/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENT/S:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE), MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009

BY ADV P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 815 OF 2023 AGAINST THE JUDGMENT IN WP(C) 42597/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009 BY ADV P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 821 OF 2023 AGAINST THE JUDGMENT IN WP(C) 41138/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

TOMCO ENGINEERING (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM., PIN - 682316 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM., PIN -

            695033
    2       SUPERINTENDING ENGINEER

O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE THRISSUR), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN - 680006

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 829 OF 2023 AGAINST THE JUDGMENT IN WP(C) 39946/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/APPELLANT:

VELAYUDHAN M AGED 60 YEARS S/O. MADHAVAN, AGED 60 YEARS, MANHAKKATTE HOUSE, MUNDOOR P.O., MALAPPURAM DISTRICT, PIN - 679578 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN MEDHA B.S.

RESPONDENTS/RESPONDENTS:

- 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. WA NO. 725 OF 2023 & CON.CASES

CIRCLE, KERALA WATERAUTHORITY, THRISSUR DISTRICT, PIN - 680001

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SPL GP, SRI.K.V.MANOJKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 833 OF 2023 AGAINST THE JUDGMENT IN WP(C) 11188/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

M/S OM DHAR ENGINEERING PVT. LTD., II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN - 500033 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN -

          680001
    3     THE EXECUTIVE ENGINEER,

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN -

680001

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 834 OF 2023 AGAINST THE JUDGMENT IN WP(C) 11347/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

M/S OM DHAR ENGINEERING PVT. LTD., II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN - 500033 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS:

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOCHI, ERNAKULAM DISTRICT, PIN - 682011

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 841 OF 2023 AGAINST THE JUDGMENT IN WP(C) 7715/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

J.P SAJIMON AGED 60 YEARS S/O JOSEPH, PERUMATTIKUNNEL HOUSE, MUTTOM P.O, THODUPUZHA, PIN - 685587 BY ADVS.

JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN SMITHA PHILIPOSE ASHIK TOM ALEX KEVIN GEORGE

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE KERALA WATER AUTHORITY, MUVATTUPUZHA, PIN - 686661

BY ADV P.M.JOHNY ADV. GEORGIE JOHNY WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 842 OF 2023 AGAINST THE JUDGMENT IN WP(C) 9/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERS AND CONTRACTORS (P) LTD. REPRESENTED BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI,GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (THRISSUR) HIGH ROAD. SAKTHANTHAMPURAN NAGAR, THRISSUR.H.P.O., THRISSUR., PIN - 680001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 847 OF 2023 AGAINST THE JUDGMENT IN WP(C) 7618/2023 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERS AND CONTRACTORS PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, NO. 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRSENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2 SUPERINTENDING ENGINEER O/O. THE SUPERINTENDING ENGINEER, PH CIRCLE (MALAPPURAM), MALAPPURAM.P.O., MALAPPURAM., PIN - 676505 3 UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES, NIRMAN BHAVAN, 7TH FLOOR, MOULANA AZAD ROAD, NEW DELHI., PIN - 110108 4 STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS.

WA NO. 725 OF 2023 & CON.CASES

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA (B/O) SRI.K.V.MANOJKUMAR, SPECIALGOVERNMENT PKEADER

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 853 OF 2023 AGAINST THE JUDGMENT IN WP(C) 9729/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REENA ENGINEERS AND CONTRACTORS (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTOPLAZA, PANAJI, GOA, PIN - 403001 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED YB ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN - 680001

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 857 OF 2023 AGAINST THE JUDGMENT IN WP(C) 10218/2023 DATED 24.3.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

T. MOHAMMED ALI, AGED 55 YEARS S/O. VEERAN HAJI, THADATHIL HOUSE, KANAYAM, SHORNUR, PALAKKAD DISTRICT, PIN - 679121 BY ADVS.SANTHEEP ANKARATH P.ANIRUDHAN RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695001 3 THE SUERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H.

CIRCLE, KERALA WATER AUTHORITY, HIGH ROAD, SAKTHAN THAMPURAM NAGAR, THRISSUR DISTRICT, PIN - 680001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR,SPL GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 861 OF 2023 AGAINST THE JUDGMENT IN WP(C) 9831/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

GEORGE MATHEW S/O. MATHEW, AGED 58 YEARS, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P.O.,MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686670 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADV JOSHY VV BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 862 OF 2023 AGAINST THE JUDGMENT IN WP(C) 11207/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS.

GEORGE MATHEW ELSA DENNY PINDIS M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN - 689101 WA NO. 725 OF 2023 & CON.CASES

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 864 OF 2023 AGAINST THE JUDGMENT IN WP(C) 10952/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

K.I. PAULOSE AGED 66 YEARS S/O. ITTIAVIRAH, KUNNEL HOUSE, KUNNACKAL P.O., MUVATTUPUZHA TALUK, VALAKOM, ERNAKULAM DISTRICT, PIN - 682316 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 865 OF 2023 AGAINST THE JUDGMENT IN WP(C) 3196/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. SURENDRA INFRASTRUCTURE PVT. LTD HEAD OFFICE, 9, EZRA STREET, 2NDFLOOR, KOLKATA - 700001, REPRESENTED BY ITS SITE ENGINEER, P.S. SURESH, AGED 58 YEARS, PULATTU HOUSE, THOTTKATTUKARA, ALUVA, PIN - 683108 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. WA NO. 725 OF 2023 & CON.CASES

CIRCLE, KERALA WATER AUTHORITY, HOSPITAL ROAD, ERNAKULAM, PIN - 682011

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 870 OF 2023 AGAINST THE JUDGMENT IN WP(C) 5303/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

ABU MATHEW AGED 71 YEARS KOYIKKAL HOUSE, KARIKODE.P.O., KOTTAYAM., PIN - 686610 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE) PALAKKAD, PALAKKAD.H.P.O., PIN - 678001

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 871 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6187/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

B.UNNIKRISHNAN NAIR, AGED 53 YEARS SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695102 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE SUPERINTENDING ENGINEER ,PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033 3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION,THIRUVANANTHAPURAM, DISTRICT,, PIN -

695033 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 872 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4905/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA,VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695102 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, AALTHARA JUNCTION, NANDHAVANA, PALAYAM, THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033 3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, AALTHARA JUNCTION, NANDHAVANA, PALAYAM, THIRUVANANTHAPURAM, DISTRICT., PIN - 695033

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 873 OF 2023 AGAINST THE JUDGMENT IN WP(C) 3338/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

RAJU S, AGED 58 YEARS RESIDING AT LEENA BHAVAN, MAYYANAD P O, KOLLAM DISTRICT,, PIN - 691303 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2 THE SUPERINTENDING ENGINEER.

PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY KOLLAM DISTRICT,, PIN - 695033 3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KOLLAM DISTRICT,, PIN - 695033

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 875 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6265/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

M/S OM DHAR ENGINEERING PVT. LTD., II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN - 500033 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHAN TAMPURAN NAGAR, THRISSUR,, PIN -

          680001
    3     THE EXECUTIVE ENGINEER,

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN -

680001

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 876 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6188/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

M/S OM DHAR ENGINEERING PVT. LTD. II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,PIN-5, PIN - 500033 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN -

          680001
    3     THE EXECUTIVE ENGINEER,

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN -

680001

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 879 OF 2023 AGAINST THE JUDGMENT IN WP(C) 40834/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

TOMCO ENGINEERING (P) LTD. REP. BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM., PIN - 682316 BY ADVS.

P.SHANES METHAR N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM.P.O., THIRUVANANTHAPURAM., PIN -

            695033
    2       SUPERINTENDING ENGINEER

O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY(PH CIRCLE-MUVATTUPUZHA), MUVATTUPUZHA, ERNAKULAM., PIN - 686661

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 889 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4615/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

ASHRAF M AGED 46 YEARS S/O. KAMMETH HAJI, MOOLAMKUZHIYIL HOUSE, PAZHAMALOOR P.O., KOOTTILANGADI, MALAPPURAM, PIN - 676506 BY ADVS.

GEORGE MATHEW KARAMAYIL M.D.SASIKUMAR A.G.SUNIL KUMAR K.V.GEORGE ADARSH KURIAN ELSA DENNY PINDIS K.T.MATHEW STEPHY K.REJI MEDHA B.S.

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA , REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY (KWA) REPRESENTED BY ITS MANAGING DIRECTOR HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 WA NO. 725 OF 2023 & CON.CASES

3 THE SUPERINTENDING ENGINEER , OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, PALAKKAD, PALAKKAD DISTRICT, PIN - 678001

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 890 OF 2023 AGAINST THE JUDGMENT IN WP(C) 3498/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2 THE SUPERINTENDING ENGINEER.

PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 892 OF 2023 AGAINST THE JUDGMENT IN WP(C) 43021/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. NAVEEN CONSTRUCTION CORPORATION NEAR EDAPALLY RAILWAY GATE, AIMS PONEKARA P.O., ERNAKULAM, KOCHI - 682 041, REP. BY ITS MANAGING PARTNER, N. SUGATHAN, AGED 76 YEARS, S/O. NARAYANAN, ILLIKATTU HOUSE, NEAR EDAPALLY RAILWAY GATE, ERNAKULAM, PIN - 682041 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY , REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER WA NO. 725 OF 2023 & CON.CASES

OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 894 OF 2023 AGAINST THE JUDGMENT IN WP(C) 9142/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 897 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4931/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

SAMEER ALI C.T AGED 38 YEARS S/O MUHAMMED AGED 38 YEARS, CHANKINGALATHODI HOUSE, KARATHODE, OORAKAM, MELMURI P.O., MALAPURAM, PIN - 676519 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. WA NO. 725 OF 2023 & CON.CASES

CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 898 OF 2023 AGAINST THE JUDGMENT IN WP(C) 29241/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

AJESH GOPI AGED 23 YEARS S/O K.V. GOPI, KANNUPARAMBIL HOUSE, CHENATHUNADU, CHALAKKUDY, THRISSUR DISTRICT., PIN - 680307 BY ADVS.

JACOB SEBASTIAN WINSTON K.V ANU JACOB

RESPONDENTS/RESPONDENTS:

1 THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM DISTRICT., PIN - 695033 BY ADV V.V.JOSHI

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 899 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4866/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,PIN-695102., PIN - 695102 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

HALIYA T.P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, ALTHARA JUNCTION,NANDHAVANAM,PALAYAM THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033 3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,ALTHARA JUNCTION,NANDHAVANAM,PALAYAM, THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 902 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4879/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

SAMEER ALI C.T AGED 38 YEARS S/O MUHAMMED AGED 38 YEARS, CHANKINGALATHODI HOUSE, KARATHODE, OORAKAM, MELMURI P.O., MALAPURAM, PIN - 676519 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC WA NO. 725 OF 2023 & CON.CASES

HEALTH CIRCLE, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, PIN - 695033 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 905 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6078/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

ANWAR SADATH AGED 45 YEARS S/O. ALI BAPPU, CHAKKRATHODI HOUSE, PROPRIETOR, M/S. BASIC 'N' NEEDS ENGINEERING CONTRACTORS, CHERUKUNNU, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT, PIN - 676528 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 WA NO. 725 OF 2023 & CON.CASES

3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, MALAPURAM, PIN - 676505

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 907 OF 2023 AGAINST THE JUDGMENT IN WP(C) 24957/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

AJESH GOPI AGED 23 YEARS S/O K.V. GOPI, KANNUPARAMBIL HOUSE, CHENATHUNADU, CHALAKKUDY, THRISSUR DISTRICT., PIN - 680307 BY ADVS.

JACOB SEBASTIAN WINSTON K.V ANU JACOB

RESPONDENTS/RESPONDENTS:

1 THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, MUVATTUPUZHA, ERNAKULAM DISTRICT., PIN - 686661 BY ADV GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 908 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4993/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

MUHAMMED SAFVAN M.K AGED 38 YEARS S/O. ABDULLA, AGED 38 YEARS, AMINICKAMPARAMBIL HOUSE, KOOTTUMALA, OORAKAM P.O., MALAPURAM DISTRICT, PIN - 676519 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. WA NO. 725 OF 2023 & CON.CASES

CIRCLE, KERALA WATER AUTHORITY, KANNUR, KANNUR DISTRICT, PIN - 679012

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 909 OF 2023 AGAINST THE JUDGMENT IN WP(C) 8978/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 915 OF 2023 AGAINST THE JUDGMENT IN WP(C) 8105/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

MUHAMMED SAFVAN M.K AGED 38 YEARS S/O. ABDULLA, AGED 38 YEARS, AMINICKAMPARAMBIL HOUSE, KOOTTUMALA, OM MURI, OORAKAMP.O.,MALAPURAM DISTRICT, PIN - 676519 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, PIN - 695033

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 920 OF 2023 AGAINST THE JUDGMENT IN WP(C) 33465/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

MAPSGLOBAL CONSTRUCTIONS PVT LTD REP BY ITS MANAGING DIRECTOR K. SATHEESHKUMAR, S/O APPUKUTTAN NAIR, 32/595, AMBIKALAYAM. P.O., CHELAVOOR, KOZHIKODE, PIN - 673571 BY ADVS.

TESSY JOSE ELDHO PAUL

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H CIRCLE, MALAPARAMBA. P.O., KOZHIKODE, PIN - 673009

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 923 OF 2023 AGAINST THE JUDGMENT IN WP(C) 8753/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

A. AJI AGED 51 YEARS S/O APPUKUTTAN, NELLIPARAMBU VEEDU, PAYATTUVILA.P.O. THIRUVANANTHAPURAM, PIN - 695501 BY ADVS.

TESSY JOSE ELDHO PAUL

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM, PIN - 695033

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 932 OF 2023 AGAINST THE JUDGMENT IN WP(C) 15661/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA,VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,PIN-695102., PIN - 695102 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 2. THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 3 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM,, PIN - 695033 4 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM DISTRICT., PIN - 695001 5 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM DISTRICT,, PIN - 695001 WA NO. 725 OF 2023 & CON.CASES

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 935 OF 2023 AGAINST THE JUDGMENT IN WP(C) 32991/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

UNNIKRISHNAN NAIR B.

AGED 55 YEARS S/O.BHASKARAN PILLAI, SAROVILLA, KADAVILA, VANCHIYOOR P.O., ATTINGAL, THRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS.

K.SIJU S.ABHILASH ANJANA KANNATH

RESPONDENT/S:

1 THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM

- 695 010, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2 * THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM-691 001. *CORRECTED. *THE ADDRESS OF R2 IS CORRECTED AS " THE SUPERINTENDING ENGINEER,KERALA WATER AUTHORITY,PUBLIC HEALTH CIRCLE,THIRUVANANTHAPURAM-695 033." AS PER ORDER DATED 25/05/2023 IN IA. NO.2/2023 IN WA NO.935/2023., PIN - 695033

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 936 OF 2023 AGAINST THE JUDGMENT IN WP(C) 7243/2023 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M.K HANSAR AGED 48 YEARS S/O M.V MUHAMMED KASSIM, HASEENA COTTAGE, PANAYIKULAM P.O ALUVA, PIN - 683502 BY ADVS.

TESSY JOSE ELDHO PAUL

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-, PIN - 695033 2 THE SUPERINTENDING ENGINEER

2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, THIRUVALLA, PATHANAMTHITTA, PIN-689101, PIN - 689101

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 937 OF 2023 AGAINST THE JUDGMENT IN WP(C) 452/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

JOSE MERLIN AGED 51 YEARS S/O. K.P SEBASTIAN, KONNOTH HOUSE, 18/2368-B, THOPPUMPADY, KOCHI, ERNAKULAM DISTRICT., PIN - 682005 BY ADVS.

JACOB SEBASTIAN WINSTON K.V ANU JACOB

RESPONDENTS/RESPONDENTS:

1 THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, THIRUNAKKARA SOUTH ROAD, THIRUNAKKARA P.O, KOTTAYAM DISTRICT, KERALA., PIN

- 686001

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON WA NO. 725 OF 2023 & CON.CASES

12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 938 OF 2023 AGAINST THE JUDGMENT IN WP(C) 32029/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

UNNIKRISHNAN NAIR. B AGED 55 YEARS S/O.BHASKARAN PILLAI, SAROVILLA, KADAVILA, VANCHIYOOR P.O, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS.

K.SIJU S.ABHILASH ANJANA KANNATH

RESPONDENT/S:

1 THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM-

695 010, REPRESENTED BY ITS MANAGING DIRECTOR, PIN

- 695010 2 *THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEATH CIRCLE, KOLLAM-691 001. *CORRECTED. *THE ADDRESS OF R2 IS CORRECTED AS " THE SUPERINTENDING ENGINEER,KERALA WATER AUTHORITY,PUBLIC HEALTH CIRCLE,THIRUVANANTHAPURAM-695 033." AS PER ORDER DATED 25/05/2023 IN IA. NO.2/2023 IN WA NO.938/2023., PIN - 691001

BY ADV. P.M.JOHNY WA NO. 725 OF 2023 & CON.CASES

ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 948 OF 2023 AGAINST THE JUDGMENT IN WP(C) 3180/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S MARIYA CONSTRUCTIONS REPRESENTED BY ITS MANAGING PARTNER, K.L. JOSE AGED 68 YEARS M/S. MARIYA CONSTRUCTIONS REPRESENTED BY 14/1357, KAKKANAT, THOTTILPEEDIKA, CHEVARAMBALAM, P.O, KOZHIKODE, PIN - 673017 BY ADVS.

TESSY JOSE ELDHO PAUL

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR, PIN - 670012 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 950 OF 2023 AGAINST THE JUDGMENT IN WP(C) 27357/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695102 BY ADVS.

V.PREMCHAND SURYA MOHAN P.

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 3 THE MANAGING DIRECTOR, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 4 THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP WA NO. 725 OF 2023 & CON.CASES

JOSHY VV

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 951 OF 2023 AGAINST THE JUDGMENT IN WP(C) 5066/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M K HANSAR AGED 48 YEARS S/O M.V. MOHAMMED KASSIM, HASEENA COTTAGE, PANAYIKULAM.P.O., ALUVA, PIN - 683502 BY ADVS.

TESSY JOSE ELDHO PAUL

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY PUBLIC HEALTH CIRCLE KOCHI, PIN - 682011 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 954 OF 2023 AGAINST THE JUDGMENT IN WP(C) 3683/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

REGHU.N AGED 61 YEARS S/O ANANDAN, HARISREE, DHARMADOM.P.O, THALASSERY(VIA), KANNUR,, PIN - 670106 BY ADVS.

TESSY JOSE ELDHO PAUL

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR, PIN - 670012 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 973 OF 2023 AGAINST THE JUDGMENT IN WP(C) 9785/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

M/S HILL TRACK CONSTRUCTIONS PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, DEVASIA P.A, AGED 69 YEARS, S/O AUGUSTY, PUTHUPPARAMBIL HOUSE, NADAVAYAL POST, PANAMARAM, WAYANAD, PIN - 670721 BY ADV ASHIK TOM

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE KERALA WATER AUTHORITY, PALAKKAD, PIN - 678001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY JOSHY VV

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 985 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6554/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

PAULOSE ABRAHAM AGED 48 YEARS S/O. ABRAHAM,NJATTUKALAYIL HOUSE, KADAYIRUPPU P.O, KOLENCHERRY ERNAKULAM DISTRICT,, PIN - 682311 BY ADVS.

GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T.

GEORGE K.V.

STEPHY K REGI ADARSH KURIAN MEDHA B.S.

RESPONDENTS/RESPONDENTS:

1 MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISE GOVERNMENT OF INDIA, NIRMALA BHAVAN, 7TH FLOOR, MOULANA AZAD ROAD, NEW DELHI, REPRESENTED BY ITS ADDITIONAL DEVELOPMENT COMMISSIONER, PIN - 110108 2 NATIONAL SMALL INDUSTRIES CORPORATION LTD S-67, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD, KOCHI , REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682031 3 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT WA NO. 725 OF 2023 & CON.CASES

SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY PUBLIC HEALTH CIRCLE,KOCHI, KERALA, PIN - 682011 BY ADVS.

M JAYAKRISHNAN VAZHOOR JOSHY VV BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 991 OF 2023 AGAINST THE JUDGMENT IN WP(C) 38813/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

GOPAKUMAR S AGED 50 YEARS S/O. P.SHANKARANARAYANA PILLAI, SAI KRISHNA, PLAVODU, KODUNGANOOR P.O, VATTIYURKAVU, THIRUVANANTHAPURAM - 695013., PIN - 695013 BY ADVS.

JOBY JACOB PULICKEKUDY DAJISH JOHN SMITHA PHILIPOSE ASHIK TOM RISNI FARHATH AAKHIL MOHAMMED.P.M

RESPONDENTS/RESPONDENTS:

1 KERAL WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH DIVISION - THIRUVANANTHAPURAM, PIN - 695033

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 992 OF 2023 AGAINST THE JUDGMENT IN WP(C) 38899/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

GOPAKUMAR S, AGED 50 YEARS S/O.P.SHANKARANARAYANA PILLAI, SAI KRISHNA, PLAVODU, KODUNGANOOR.P.O, VATTIYURKAVU, THIRUVANANTHAPURAM-695013., PIN - 695013 BY ADVS.

JOBY JACOB PULICKEKUDY ANIL GEORGE

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695033., PIN - 695033 2 THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH DIVISION KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, PIN - 695033

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY JOSHY VV WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1018 OF 2023 AGAINST THE JUDGMENT IN WP(C) 7719/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

P DILEEP, AGED 53 YEARS RESIDING AT, DILEEP BHAVAN, KADAKAVOOR, THIRUVANANTHAPURAM ., PIN - 695306 BY ADV V.PREMCHAND

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY ALAPPUZHA DISTRICT., PIN -

688001

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1036 OF 2023 AGAINST THE JUDGMENT IN WP(C) 7709/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

P DILEEP, AGED 53 YEARS DILEEP BHAVAN, KADAKAVOOR, THIRUVANANTHAPURAM., PIN - 695306 BY ADV V.PREMCHAND

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY ALAPPUZHA DISTRICT., PIN -

688001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY BY ADV JOSHY VV

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1044 OF 2023 AGAINST THE JUDGMENT IN WP(C) 4961/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA APPELLANT/WRIT PETITIONER:

VINOD KUMAR R, AGED 53 YEARS S/O BHASKARAN PILLAI,RESIDING AT KOICKALATHU HOUSE, ADINADU SOUTH,KATTILAKADAVU P O, KARUNAGAPALLY,KOLLAM DISTRICT., PIN - 690542 BY ADV V.PREMCHAND

RESPONDENTS/RESPONDENTS IN WP(C):

1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY ALAPPUZHA DISTRICT., PIN -

688001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY BY ADV JOSHY VV

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1116 OF 2023 AGAINST THE JUDGMENT IN WP(C) 34875/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

UNNIKRISHNAN NAIR B., AGED 55 YEARS S/O.BHASKARAN PILLAI, SAROVILLA, KADAVILA, VANCHIYOOR P.O, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS.

K.SIJU S.ABHILASH ANJANA KANNATH RESPONDENT/S:

1 THE KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM- , REPRESENTED BY ITS MANAGING DIRECTOR., PIN -

695010 2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEATH CIRCLE, KOLLAM, PIN - 691001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY BY ADV V.V.JOSHI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1121 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6634/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

G.SURESH AGED 56 YEARS SON OF GOPINATHAN.P, SUNITHA BHAVAN, AVANAVANCHERY POST, ATTINGAL, THIRUVANANTHAPURAM, PIN - 691103 BY ADV N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS 1 TO 3 IN THE WRIT PETITION:

1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM POST, THIRUVANANTHAPURAM, PIN -

          695033
    2     THE MANAGING DIRECTOR

KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM POST, THIRUVANANTHAPURAM, PIN - 695033 3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, JALA BHAVAN, VELLAYAMBALAM POST, THIRUVANANTHAPURAM, PIN - 695033

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP WA NO. 725 OF 2023 & CON.CASES

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO. 725 OF 2023 & CON.CASES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1165 OF 2023 AGAINST THE JUDGMENT IN WP(C) 6031/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

PRAJITH P V AGED 40 YEARS S/O KUNHIRAMAN M, "SREEVALSAM", PULIYANUR,, PODAVOOR.P.O, CHERUVATHUR, KASARGOD-, PIN - 671313 BY ADVS.

ELDHO PAUL TESSY JOSE

RESPONDENTS/RESPONDENTS:

1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR -, PIN - 670012

BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.06.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: WA NO. 725 OF 2023 & CON.CASES

JUDGMENT

[WA Nos.725/2023, 717/2023, 755/2023, 760/2023, 761/2023, 768/2023, 774/2023, 775/2023, 778/2023, 780/2023, 781/2023, 784/2023, 785/2023, 786/2023, 788/2023, 793/2023, 797/2023, 799/2023, 801/2023, 802/2023, 803/2023, 804/2023, 808/2023, 809/2023, 810/2023, 815/2023, 821/2023, 829/2023, 833/2023, 834/2023, 841/2023, 842/2023, 847/2023, 853/2023, 857/2023, 861/2023, 862/2023, 864/2023, 865/2023, 870/2023, 871/2023, 872/2023, 873/2023, 875/2023, 876/2023, 879/2023, 889/2023, 890/2023, 892/2023, 894/2023, 897/2023, 898/2023, 899/2023, 902/2023, 905/2023, 907/2023, 908/2023, 909/2023, 915/2023, 920/2023, 923/2023, 932/2023, 935/2023, 936/2023, 937/2023, 938/2023, 948/2023, 950/2023, 951/2023, 954/2023, 973/2023, 985/2023, 991/2023, 992/2023, 1018/2023, 1036/2023, 1044/2023, 1116/2023, 1121/2023, 1165/2023]

A.J.DESAI, C.J.

The different group of appeals relating to tender notices issued

by the respondent Kerala Water Authority (hereinafter referred to as

"KWA") and subsequent events involving a common issue, are taken

up for hearing. Though judgments have been delivered by the learned

Single Judge in different writ petitions on different dates, the appeals

came to be admitted in the month of April 2023. While passing

interim orders in the writ appeals, it was observed that the respondent WA NO. 725 OF 2023 & CON.CASES

KWA shall insist for Additional Performance Guarantee only in the

manner prescribed in the Government Orders referred to in the Notice

Inviting Tenders ('NIT' for short). The short facts arising from the

appeals are as under:

2. The KWA invited tenders from bidders for different types of

Jal Jeevan Mission (JJM) and other works, which mainly requires the

laying of PVC pipes etc, for providing water connection to households

in different areas. The tenders were published between the months of

September 2022 to December 2022 and in some cases, in January

2023 also. Along with the tender notices, the KWA had published

Probable Amount of Contract (PAC) as well as the terms and

conditions of the contract, which would be binding on the parties if the

bid is accepted. The issue in the present group of appeals is with

regard to the furnishing of Additional Performance Guarantee which is

referred to in Clause No.7.21.1 of the NIT, under the head "Execution

of Agreements". In the said clause, different Government Orders have

been referred to and as per the said orders, the bidders were supposed

to provide Additional Performance Guarantee. After completion of the

bidding process, the appellants were informed about the acceptance of

their bids. As per the prevailing provisions, the bidders were WA NO. 725 OF 2023 & CON.CASES

supposed to deposit Performance Security and furnish Additional

Performance Guarantee, if the offer made by the bidders is less than

the Tendered Probable Amount of Contract (hereinafter referred to as

"TPAC"). When the appellants tried to execute the contract

consequent to their selection, they were served with a communication

by the KWA, informing that the contractor is supposed to furnish

Additional Performance Guarantee in view of the Government Order

dated 07.12.2019, issued by the Finance (Industries and Public Works-

B) Department, by which it was decided that Additional Performance

Guarantee shall be levied on each item of the bid offered by the

contractor. Being aggrieved with the direction to provide Additional

Performance Guarantee based on item wise computation, the

appellants challenged the condition before the learned Single Judge by

filing the captioned writ petitions.

3. The respondents filed their counter and opposed the writ

petitions. Learned Single Judge, mainly relying upon the order dated

07.12.2019, which compelled the bidders to provide Additional

Performance Guarantee item wise, dismissed the writ petitions.

Hence these appeals.

4. Learned Advocate appearing for the appellants, submitted WA NO. 725 OF 2023 & CON.CASES

that the learned Single Judge has committed error by relying only on

the Government Order dated 07.12.2019, which was not part of the

tender notice. By taking us through the tender notice and particularly

Clause 7.21.1, he would submit that the KWA has referred two

Government Orders dated 28.09.2015 and 29.08.2016, which deals

with performance guarantee and another order dated 10.01.2019 by

which the Government has decided to demand for Additional

Performance Guarantee if the bid amount is below 10% of the TPAC.

He would submit that, as per the Government Orders, which were

again clarified by the order dated 10.01.2019, the bidder was not liable

to provide any Additional Performance Guarantee if the amount is

within 10% of the TPAC. He would further submit that the KWA is

heavily relying upon the Government Order dated 07.12.2019, by

which the Finance Department has clarified as to how the Additional

Performance Guarantee shall be provided and it should be item wise.

It was submitted that the KWA, while issuing the tenders, had not

referred the order dated 07.12.2019 in the tender notice and therefore,

none of the appellants were aware about the order passed by the

Government of Kerala, which is adopted by the KWA. He would

further submit that, even while issuing the tender notice, KWA had WA NO. 725 OF 2023 & CON.CASES

neither mentioned about the exact price of each item nor published

any information with regard to the rate that would be made applicable

for each item. As this crucial information was lacking, each appellant

had offered the price calculating as a whole and had quoted the rates

against the price expected for the contract.

5. By taking us through the concerned communication, by which

the offer of the appellants was accepted, it is submitted that it has

been specifically stated therein as to whether the rate is above TPAC or

below TPAC. There is no reference at all in the order that the

contractor would be liable to pay any Additional Performance

Guarantee based on item wise consideration of their offers.

Subsequent there to, each of the appellants were served with the

communication to provide Additional Performance Guarantee along

with the details about the rates fixed by the KWA and calculating the

difference of percentage whether it is above or below TPAC, which is

never known to any of the appellants. He would submit that it is an

undisputed fact that the tender was invited fixing the PAC against

which each of the appellants had made their offers. He would submit

that it is a well established principle of law and decided by a catena of

decisions of the Hon'ble Apex Court that when a public body is WA NO. 725 OF 2023 & CON.CASES

inviting tenders, all details should be reflected in the tender notice

itself. By relying upon the decision of the Hon'ble Apex Court in

Suresh Kumar Wadhwa vs State Of Madhyapradesh 2017

(16) SCC 757, he would submit that it has been categorically held

that the tender notice inviting bidders must quote those terms and

conditions which would be binding on the parties to the contract. It is

the duty of the public functionaries to make sure that before entering

into the contract, parties/bidders are made aware of their rights,

obligations and liabilities to each other and also of the consequences

in the event of their non compliance. It is submitted that in the tender

notice, there was reference to only two orders dated 28.09.2015 and

29.08.2016. By taking us through those two orders, he would submit

that there is no reference at all about Additional Performance

Guarantee to be given by the bidder for each item. Even the 3 rd letter

referred to in the tender notice dated 10.01.2019, provides for

furnishing only Additional Performance Guarantee only if the amount

is lower than TPAC, that too below 10%. The order dated 07.12.2019,

which has been heavily relied upon by the respondents, was not at all

referred in the tender notice and therefore, the same would not be

binding on the present appellants. He would submit that if the said WA NO. 725 OF 2023 & CON.CASES

order as well as the exact price of each item was referred to in the

tender notice like the other two orders, each appellant would have

made their offer for each item separetely. Therefore, the demand

subsequently made is contrary to law and required to be quashed and

set aside. Subsequent correspondence after entering into the contract

also cannot be accepted and in support of the said contention, learned

Advocate for the appellant relied upon the decision of the Hon'ble

Apex Court in Delhi Development Authority and Another v.

Joint Action Committee, Allottee of SFS Flats and Other

(2008) 2 SCC 672. He would submit that it has been held by the

Hon'ble Apex Court that a party to the contract cannot, at a later stage

and while the contract was being performed, impose terms and

conditions which were not part of the offer and which are based upon

some office orders. Learned Advocate also relied upon the decision of

this Hon'ble Court in Ramesan P. and Another v. T. Asokan

and Others 2018 (5) KHC 189 and submitted that, if the terms

and conditions of the contract are not expressed or disclosed in the

tender notice and there is no disclosure of relevant information, the

successful bidder cannot subsequently be asked to fulfill the

conditions which were not disclosed at the time of issuing tender WA NO. 725 OF 2023 & CON.CASES

notice. Learned Advocate appearing for the appellant would submit

that, while admitting the appeals, a Division Bench of this Court had

granted permission to continue the works awarded to the appellants

and in most cases more than half of the work is completed and in such

circumstances, the order or direction issued by the KWA to furnish

Additional Performance Guarantee is liable to be quashed and set

aside. He made it clear that in some of the appeals, the bidders had

offered amount above the TPAC and therefore, there is no question of

giving Additional Performance Guarantee. He would further submit

that the demands for Additional Performance Guarantee when the

amount is within 10% of TPAC are required to be quashed and set

aside. However, it is also specifically stated that in cases where the

amount offered by the appellants is between 11% to 25%. i.e., as per

the order dated 10.01.2019, they are ready to supply Additional

Performance Guarantee. i.e., the amount x-10%. Therefore it is

submitted that the appeals be allowed.

6. On the other hand, learned Advocate Sri. Georgie Johny,

appearing for the KWA supported the decision of the learned Single

Judge. He would submit that in the tender notice which deals with the

Additional Performance Guarantee under Clause 7.21, two WA NO. 725 OF 2023 & CON.CASES

Government Orders dated 28.09.2015 and 29.08.2016 have been

referred, and relying upon the above said two orders, Government

had issued the order dated 07.12.2019, in which, it has been

categorically stated that the bidder shall be liable to pay Additional

Performance Guarantee for each item of work calculated as referred in

the said order and particularly, in paragraph No.3. Accordingly, the

bidders were supposed to offer the rates for each item and therefore,

the appellants were bound by the said order when they have offered

and quoted the rate, item wise. He would submit that the appellant

cannot claim that they were not aware of the basic rates for each item

for which the work was to be carried out in connection with the tender,

to which the appellants had offered their bid. He would submit that

each bidder was asked to supply Additional Performance Guarantee by

comparing the rates of each item with the rate fixed by a committee

constituted for the said purpose. The rates decided by the committee

was published in the website stating that the same rate would be

applicable as and when the tenders are issued and therefore, they were

aware about the basic rates of each item and the appellants ought to

have offered accordingly and should have provided the Additional

Performance Guarantee.

WA NO. 725 OF 2023 & CON.CASES

7. By taking us through the orders impugned in the writ

petitions, he would submit that the KWA asked each bidder to supply

Additional Performance Guarantee by issuing details and rates of each

item, which were decided by the committee and published in the

website. He therefore would submit that it is presumed that all

bidders were aware about the intention of the KWA while inviting

tenders and the conditions that would be applicable at the time of

finalizing the bids submitted by all concerned. He would submit that,

immediately after accepting the bids, clarifications were issued relying

upon the order dated 07.12.2019, comparing the item wise basic

amount to make their offers and therefore, now the appellants cannot

say that they were not aware about the requirement of furnishing

Additional Performance Guarantee. He therefore would submit that

the learned Single Judge has committed no error in relying upon the

order dated 07.12.2019 and therefore, the appeal be dismissed.

8. Learned Government Pleader has adopted the arguments

advanced by the learned Advocate for the KWA.

9. We heard the learned Advocates appearing for the respective

parties and perused the impugned judgments passed by the learned

Single Judge.

WA NO. 725 OF 2023 & CON.CASES

10. The tenders have been issued on different dates and the

Clause with regard to Additional Performance Guarantee reads as

under:

7.21.1.........................

ADDITIONAL PERFORMANCE GUARANTEE

(I) The provisions contained in the G.O(P)

No.429/15/Fin dated 28/09/2015 & G.O(P)

No.124/2016/Fin dated 29/08/2016 in the matter of

performance guarantee that

a) If the quoted rate for work is below 75%, of

tendered PAC, it will be rejected.

b) If the rate quoted by the contractor is between 10%

below estimate amount (the quoted rate being x% below the

estimate amount), the contractor will remit additional

performance guarantee for an amount equal to (x-10)% of

the estimate amount. As per GO(P) No.1/2019/Fin Dtd.

10.01.2019 50% of additional percentage guarantee shall be

in the form of Treasury Fixed Deposit and rest in the form

of Guarantee issued from any Nationalized Bank/Scheduled

Bank/Kerala Financial Corporation or any other forms

prescribed in Kerala PWD Manual. Additional Performance WA NO. 725 OF 2023 & CON.CASES

Guarantee shall be collected before executing the

Agreement in the same form as Performance Guarantee and

may be released while passing the final contract bill.

7.12.2. ......................

11. If the Government Order dated 28.09.2015, which is referred

herein above is perused, the same reads as under:

i) Performance Guarantee

Performance Guarantee, the amount collected

at the time of executing contract agreement, will be 5% of

the contract value (agreed PAC) and the deposit will be

retained till the expiry of Defect Liability Period. At least

fifty percent (50%) of this deposit shall be collected in the

form of Treasury Fixed Deposit and the rest in the form of

Bank Guarantee or any other forms prescribed in the

revised PWD Manual.

ii) Additional Performance Guarantee

Additional Performance Guarantee is the

additional amount to be deposited for unbalanced price ie,

for works quoted below estimate rate. The collection of

additional deposits is a disincentive to the bidder who

offers to execute a work below estimated rate and this will WA NO. 725 OF 2023 & CON.CASES

induce the contractor to quote a rate equal to or higher

than estimated rate. Government therefore decided to do

away with additional performance guarantee for all works

quoted below upto 10% of the estimate rate. Additional

Performance guarantee will be required if works quoted

between 11% to 25% below estimate rate.

12. If we scrutinize the Clause with regard to Additional

Performance Guarantee, the bidder who succeeded in his offer is not

required to furnish any Additional Performance Guarantee if the

quoted rate is within 10% of the estimate rate provided by the

authority, whereas Additional Performance Guarantee will be required

if the rate quoted is between 11% to 25% below the estimate rate,

which was subsequently modified by another letter dated 03.02.2016,

referring to the earlier order dated 28.09.2015, and reads as under:

2. Now doubts have been arisen as to whether

additional performance guarantee need be collected in

case of works having quoted rates between 10% and

11% below estimate rates. The clarifications were also

sought as to whether exemption allowed upto 10%

below estimate rate need be applied to rates quoted

between 10% and 25%. Accordingly the position is WA NO. 725 OF 2023 & CON.CASES

clarified as follows.

"Accordingly performance guarantee

will be required in all cases where quoted rate

falls below 10% of the estimate cost but the

maximum permissible lower limit is 25% below

the estimated cost. The 10% standard

exemption will be applicable to all estimates

quoted below estimate cost upto 25%. If the

rate quoted by the contractor is "x%" below

estimate cost (where x lies above 10% and upto

25%) the performance guarantee for an

amount equal to (x-10)% of the estimate

amount shall be obtained from the contractor"

13. As per the above clarification, if the amount is between 10 to

25% below the estimate cost, the successful bidder has to give

Additional Performance Guarantee for the amount offered - 10%.

That means, if the amount is below 12% or 13.5 %, the bidder would be

liable to pay 12 to 10% or 13.5 to 10% as Additional Performance

Guarantee. By another order dated 10.01.2019, the earlier Clause as

mentioned in the order dated 29.08.2016, was allowed to continue.

However, the successful bidder was made liable to furnish 50% of the WA NO. 725 OF 2023 & CON.CASES

Additional Performance Guarantee in the form of Treasury Deposit

and rest in the form of Guarantee issued by any Nationalized Bank or

Scheduled Bank or Kerala Financial Corporation or any other form

prescribed in the Kerala PWD Manual. As quoted hereinabove, in

each tender, only three orders with respect to the Additional

Performance Guarantee has been referred. However, there is no

reference at all with regard to the order dated 07.12.2019 passed by

the Government of Kerala (Finance & Industries) Department, which

has been adopted by the KWA in the tender, by which, it was decided

to ask for Additional Performance Guarantee item wise. The bidders

who participated in the tender process were never informed that the

order dated 07.12.2019, which has been adopted by the KWA, would

be applicable as far as furnishing of Additional Performance

Guarantee is concerned. By passing some orders, without any specific

reference with regard to the above mentioned order, it cannot be said

that the order would be automatically binding, when the public at

large is invited to take part in the tender process, and therefore,

subsequent demand of Additional Performance Guarantee cannot be

accepted. The KWA ought to have disclosed in the tender notice the

rates for each item as prescribed by the Government authority and as WA NO. 725 OF 2023 & CON.CASES

adopted by the KWA. No such reference has been made in any of the

tender notices and therefore, the submission that certain rates

published in the website, would be applicable for the tenders floated

by the KWA cannot be accepted. Hence, these submissions require to

be discarded.

14. It is pertinent to note that, in each case, the authority has

accepted that the offer made by the successful tenderor was either

below or above 10% of TPAC. The contention that, in cases where the

quote was below 10%, only for the first time the authority came with a

reference to order dated 07.12.2019, in our view, is sustainable. We

also appreciate the submission made by the learned Advocate for the

appellant that, having found an omission in incorporating the relevant

condition, now the authority has specifically disclosed about the letter

dated 07.12.2019, by which the authority wants Additional

Performance Guarantee, in the new tenders issued. In Delhi

Development Authority (supra), the Hon'ble Apex Court has held

that a party to a contract cannot, at a later stage, impose terms and

conditions which were not part of the offer and which were based

upon unilateral issuance of office orders. Paragraph No.62, which is

relevant for our consideration, is reproduced as under: WA NO. 725 OF 2023 & CON.CASES

62. It is well known principle of law that a person

would be bound by the terms of the contract subject of

course to its validity. A contract in certain situations may

also be avoided. With a view to make novation of a

contract binding and in particular some of the terms and

conditions thereof, the offeree must be made known

thereabout. A party to the contract cannot at a lager stage,

while the contract was being performed, impose terms and

conditions which were not part of the offer and which were

based upon unilateral issuance of office orders, but not

communicated to the other party to the contract and which

were not even the subject matter of a public notice. Apart

from the fact that the parties rightly or wrongly proceeded

on the basis that the demand by way of fifth instalment

was a part of the original Scheme, DDA in its counter

affidavit either before the High Court or before us did not

raise any contra plea. Submissions of Mr. Jaitley in this

behalf could have been taken into consideration only if

they were pleaded in the counter affidavit filed by DDA

before the High Court.

15. Considering the above aspects, we allow these appeals and WA NO. 725 OF 2023 & CON.CASES

set aside the judgment passed by the learned Single Judge. It is made

clear that the appellants would not be liable to execute the Additional

Performance Guarantee, if the over all rate is below 10% of TPAC.

However, the appellants would be liable to furnish Additional

Performance Guarantee as per the letter dated 10.01.2019, ie, x-10%.

Additional Performance Guarantee should be executed for the balance

amount of work where the amount of work is above 10-25% of the

TPAC.

The writ appeals are allowed accordingly.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE

uu 16.08.2023 WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 833/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Annexure-2 A TRUE COPY OF THE ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 834/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE ORDER IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM DATED 5-4-2023 Annexure-2 A TRUE COPY OF THE ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 841/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF NOTICE DATED 04/04/2023 ISSUED BY THE 2ND RESPONDENT FOR DEPOSITING ADDITIONAL PERFORMANCE GUARANTEE WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 871/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE INTERIM ORDER IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM DATED 5-4-

Annexure-2 A TRUE COPY OF THE INTERIM ORDER IN W.P(C).NO.6265/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM DATED 23-2-2023 WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 872/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM Annexure-2 A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 873/2023

PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Annexure-2 A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 875/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Annexure-2 A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 876/2023

APPENDIX OF WA 890/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM Annexure-2 A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 23023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 899/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Annexure-2 A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKLULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 920/2023

PETITIONER ANNEXURES Annexure A-1 A TRUE COPY OF THE COMMUNICATION DATED 25.04.2023 ISSUED BY THE 2ND RESPONDENT TO THE APPELLANT WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 932/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Annexure-2 A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 935/2023

PETITIONER ANNEXURES Annexure A1 THE COPY OF NOTICE DATED 23.04.2023 ISSUED BY THE 2ND RESPONDENT TOT THE APPELLANT/PETITIONER Annexure A2 THE COPY OF INTERIM ORDER PASSED BY THIS

OF 2023 DATED 05.04.2023 WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 938/2023

PETITIONER ANNEXURES Annexure A1 THE COPY OF NOTICE DATED 23.04.2023 ISSUED BY THE 2ND RESPONDENT TO THE APPELLANT/PETITIONER Annexure A2 THE COPY OF INTERIM ORDER PASSED BY THIS

OF 2023 DATED 05.04.2023 WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 950/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Annexure-2 A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 973/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF BANK GUARANTEE DATED 11/04/2023 BY FEDERAL BANK KALPETTA BRANCH Annexure A2 TRUE COPY OF TREASURY DEPOSIT RECEIPT NO: 0346046 VALID TILL 02/06/2024 Annexure A3 TRUE COPY OF AGREEMENT EXECUTED ON 28.03.2023 BETWEEN THE APPELLANT AND 1ST RESPONDENT Annexure A4 TRUE COPY OF ORDER DATED 05/04/2023 IN WA NO 725/2023 BEFORE THIS HON'BLE COURT WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 985/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF RELEVANT PAGES OF E-TENDER NO. 50/2022-23/SE/PHC/CHN DTD. 10.11.2022 FLOATED BY 4TH RESPONDENT Annexure A2 TRUE COPY OF LETTER DTD.10.05.2023 SUBMITTED TO 4TH RESPONDENT WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 991/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF NOTICE DATED 08.05.2023 ISSUED BY THE 2ND RESPONDENT DEMANDING ADDITIONAL PERFORMANCE GUARANTEE WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 992/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE NOTICE DATED 08/05/2023 ISSUED BY THE 2ND RESPONDENT WA NO. 725 OF 2023 & CON.CASES

APPENDIX OF WA 1116/2023

PETITIONER ANNEXURES Annexure A1 THE COPY OF ORDER NO.KWA/PHC/Q/E1/7834/2022 DATED 31.5.2023 ISSUED BY THE 2ND RESPONDENT Annexure A2 THE COPY OF INTERIM ORDER PASSED BY THIS HONORABLE COURT IN WRIT APPEAL NO.935/2023 DATED 12.5.2023