G.M Engineers And Contractors vs State Of Kerala
2023 Latest Caselaw 12772 Ker

Kerala High Court

G.M Engineers And Contractors vs State Of Kerala on 8 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                       WP(C) NO. 29019 OF 2023
PETITIONER:

          G.M ENGINEERS AND CONTRACTORS,
          PLOT NO.26, VRINDAVANAM COLONY, ELAMKULAM,
          KOCHI -682019, REPRESENTED BY ITS PARTNER MATHEW JOSE,
          KOLADY HOUSE, ATHIRAMPUZHA, KOTTAYAM PIN - 686562. *
          SUBSTITUTED; THE "PARTNER (MATHEW JOSE) IS SUBSTITUTED
          BY THE "MANAGING PARTNER" TO REPRESENT THE PETITIONER
          AS PER ORDER DATED 20-10-2023 IN IA.NO.3 OF 2023 IN
          WP(C) 29019/2023."
          BY ADVS.
          M.U.VIJAYALAKSHMI
          K.JAJU BABU (SR.)
          BRIJESH MOHAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER
          RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001
    2     THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    3     THE CHIEF ENGINEER (I&A),
          IRRIGATION DEPARTMENT, PUBLIC OFFICE BUILDINGS,
          MUSEUM, THIRUVANANTHAPURAM, PIN - 695033
    4     THE CHIEF ENGINEER
          PROJECT - I, IRRIGATION DEPARTMENT, WEST HILL,
          KOZHIKODE, PIN - 673005
    5     THE SUPERINTENDING ENGINEER,
          SIRUVANI PROJECT CIRCLE, VADAKKANTHARA.P.O, PALAKKAD,
          PIN - 678012
    6     THE EMPOWERED COMMITTEE
          WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM. REPRESENTED BY ITS
          CONVENOR/ADDITIONAL CHIEF SECRETARY, WATER RESOURCES
          DEPARTMENT., PIN - 695001
          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          PHILIP J.VETTICKATTU
          NEENU BERNATH
 WP(C) NO. 29019 OF 2023               2

             SAJU S. DOMINIC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.12.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 29019 OF 2023            3

                               JUDGMENT

A memo has been filed by the petitioner seeking permission to

withdraw this writ petition.

This request is granted. Consequently, this writ petition is

dismissed as having been withdrawn.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/8.12

APPENDIX OF WP(C) 29019/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE TENDER NOTIFICATION ISSUED BY THE 5TH RESPONDENT IN RESPECT OF THE DESILTATION WORK OF VENGALAKAYAM ERI.

Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE TENDER NOTIFICATION ISSUED BY THE 5TH RESPONDENT IN RESPECT OF THE DESILTATION WORK OF KAMBALATHARA ERI.

Exhibit P3 TRUE COPY OF THE TENDER SUMMARY REPORT DATED 6-12-2022 SUBMITTED BY THE PETITIONER IN RESPECT OF VENGALAKAYAM ERI. Exhibit P4 TRUE COPY OF THE TENDER SUMMARY REPORT DATED 6-12-2022 SUBMITTED BY THE PETITIONER IN RESPECT OF KAMBALATHARA ERI. Exhibit P5 TRUE COPY OF THE TECHNICAL BID EVALUATION REPORT IN RESPECT OF THE PETITIONER FOR THE WORKS OF VENGALAKAYAM ERI. Exhibit P6 TRUE COPY OF THE TECHNICAL BID EVALUATION REPORT IN RESPECT OF THE PETITIONER FOR THE WORKS OF KAMBALATHARA ERI. Exhibit P7 TRUE COPY OF THE FINANCIAL BID OPENING SUMMARY ISSUED BY THE 5TH RESPONDENT IN RESPECT OF KAMBALATHARA ERI. Exhibit P8 TRUE COPY OF THE MINUTES OF THE 13TH MEETING OF THE EMPOWERED COMMITTEE HELD ON 7-2-2023.

Exhibit P9 TRUE COPY OF COMMUNICATION NO.119/MP2/2019/WRD DATED 14-2-2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF COMMUNICATION NO.119/MP2/2019/WRD DATED 20-2-2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P11 TRUE COPY OF THE REQUEST DATED 23-2-2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit 11(a) TRUE COPY OF THE REPLY DATED 24-2-2023 ISSUED BY THE 4TH RESPONDENT. Exhibit P12 TRUE COPY OF THE MINUTES OF THE MEETING OF THE EMPOWERED COMMITTEE HELD ON 14-7-2023. Exhibit P13 TRUE COPY OF THE QUESTIONNAIRE DATED 17-8- 2023 AND THE REPLY DATED 23-8-2023 GIVEN TO THE SAME BY THE 5TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT.

Exhibit P14 TRUE COPY OF THE BID DATA SHEET IN RESPECT OF THE WORK OF DESILTATION OF CHULLLIYAR DAM.

Exhibit P15 TRUE COPY OF THE INFORMATION DATED 17-3- 2023 ISSUED UNDER THE RIGHT TO INFORMATION ACT TO ONE SHRI.RIYASUDEEN.K KAJA HUSSAIN. Exhibit P16 TRUE COPY OF COMMUNICATION NO.12/MP2/2022/WRD DATED 10-8-2023 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT EXHIBITS Exhibit P7(a) TRUE COPY OF THE POWER OF ATTORNEY AUTHORIZING SRI'GIBU P.MATHEW, MANAGING PARTNER OF M/S.G.M. ENGINEERS AND CONTRACTORS RESPONDENT ANNEXURES Annexure R5(a) True copy of the letter dated 01.09.2023 issued by the Managing Partner of the petitioner