Kerala High Court
Sivaprasad B vs The Kerala Water Authority on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 34088 OF 2022
PETITIONER:
REENA ENGINEERING AND CONTRACTING
COMPANY PVT. LTD.
602,
SHIV TOWER,
PATTO PLAZA,
PANAJI, GOA,
REP. BY ITS MANAGING DIRECTOR,
PIN - 403001
BY ADVS.P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:
1 KERALA WATER AUTHORITY
JALA BHAVAN,
VELLAYAMBALAM,
THIRUVANANTHAPURAM,
REP. BY ITS MANAGING DIRECTOR,
PIN - 695033
2 THE SUPERINTENDING ENGINEER
O/O. SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY,
P H CIRCLE (KOZHIKODE),
MALAPARAMBA.P.O.,
KOZHIKODE,
PIN - 673009
BY SRI. V.V. JOSHI, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH W.P.(C.)NO.4905/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 42505 OF 2022
PETITIONER:
MOTTY T. ULAHANNAN
AGED 57 YEARS
S/O. O.T. ULAHANNAN,
CONTRACTOR,
URUMBETH HOUSE,
NEAR RAILWAY STATION,
KOTTAYAM-686 001.
BY ADVS.BABU JOSEPH KURUVATHAZHA
MOHAMMED SHAFI.K
RESPONDENTS:
1 KERALA WATER AUTHORITY,
JALA BHAVAN, NANDAVANAM,
VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY,
PUBLIC HEALTH CIRCLE, KOTTAYAM-686 001.
BY SRI. P.M.JOHNY, STANDING COUNSEL
BY SRI. V.V. JOSHI, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH W.P.(C.)NO.34088/2022
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 4905 OF 2023
PETITIONER:
B.UNNIKRISHNAN NAIR,
SAROVILLA, KADAVILA,
VANCHIYOOR P.O., ALAMCODE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695102
BY ADVS.V.PREMCHAND
SURYA MOHAN P.
FATHIMA SHALU S.
RESPONDENTS:
1 THE KERALA WATER AUTHORITY,
JALABHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM, PIN - 695033
2 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY,
AALTHARA JUNCTION, NANADHAVANAM, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
3 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,
AALTHARA JUNCTION, NANADHAVANAM,PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
BY SRI. P.M.JOHNY, STANDING COUNSEL
BY SRI. V.V. JOSHI, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH W.P.(C.)NO. 34088/2022
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 4961 OF 2023
PETITIONER:
VINOD KUMAR. R,
AGED 53 YEARS
S/O BHASKARANPILLAI,
RESIDING AT KOICKALATHU HOUSE,
ADINADU SOUTH, KATTILKADAVU P O,
KARUNAGAPALLY, KOLLAM DISTRICT.,
PIN - 690542
BY ADVS.V.PREMCHAND
SURYA MOHAN P.
FATHIMA SHALU S.
RESPONDENTS:
1 THE KERALA WATER AUTHORITY,
JALA BHAVAN,
REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM, PIN - 695033
2 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY,
P H CIRCLE, ALAPPUZHA DISTRICT,
PIN - 688001
BY SRI. V.V. JOSHI, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH W.P.(C.)NO.34088/2022
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 5066 OF 2023
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:
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 SRI. P.M.JOHNY, STANDING COUNSEL
BY SRI. V.V. JOSHI, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH W.P.(C.)NO.34088/2022
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 6265 OF 2023
PETITIONER:
M/S OM DHAR ENGINEERING PVT. LTD.,
AGED 53 YEARS,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.
FATHIMA SHALU S.
RESPONDENTS:
1 THE KERALA WATER AUTHORITY,
JALABHAVAN, 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 - 680 001
3 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,PUBLIC HEALTH CIRCLE,
HIGH ROAD, SAKTHANTAMPURAN NAGAR,
THRISSUR, PIN - 680001
BY SRI. V.V. JOSHI, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, ALONG WITH W.P.(C.)NO. 34088/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 6406 OF 2023
PETITIONER:
SIVAPRASAD B,
AGED 53 YEARS, S/O BHASKARAN PILLAI,
RESIDING AT CHARUVVILAPUTHENVEEDU,
THAZHAM SOUTH, CHATHANNOOR P.O.,
KOLLAM, PIN - 691572
BY ADVS. V.PREMCHAND
SURYA MOHAN P.
FATHIMA SHALU S.
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,
KOLLAM, PIN - 691001
3 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION,
KOLLAM, PIN - 691001
BY SRI. V.V. JOSHI, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH W.P.(C.)NO.34088/2022
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 10218 OF 2023
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:
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 SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER, P.H.
CIRCLE, KERALA WATER AUTHORITY, HIGH ROAD,
SAKTHAN THAMPURAM NAGAR, THRISSUR DISTRICT,
PIN - 680001
R1 BY SMT.RESHMI.K.M.,SENIOR GOVERNMENT PLEADER
R2 & R3 BY SRI.V.V.JOSHI,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH W.P.(C.)NO.34088/2022
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C.) No. 34088 of 2022
& connected cases 9
JUDGMENT
The petitioners in the writ petitions are contractors
engaged by the Kerala Water Authority to do its civil works.
The grievance highlighted by the petitioners is on account
of the direction issued by the Kerala Water Authority to
furnish additional performance guarantee on the basis of
the rates quoted by the petitioners in items wise rates
contract, below 10%. The claims raised by the petitioners
are on the basis of the notifications issued by the State
Government dated 07.01.2021 and 15.03.2022, in the light
of Covid-19 pandemic. As per the notification dated
07.01.2021, State Government has waived furnishing of
additional performance guarantee for the low quoted items
on condition that the bidder shall furnish an undertaking to
execute all low quoted items in full as per contract terms
among other conditions. However, the said notification was
valid only for a period of one year subject to the condition
that the Government is at liberty to review the same.
W.P.(C.) No. 34088 of 2022
Anyhow, as per the order dated 15.03.2022, State
Government has extended the relaxation granted for
furnishing performance guarantee in terms of the order
dated 07.01.2021 upto 31.03.2023, which means the
benefit of waiving the additional performance guarantee
was not extended after the expiry of one year period from
the notification dated 07.01.2021.
2. Petitioners have raised various contentions
including that 'they have quoted above the estimated PAC
and therefore, no additional performance guarantee can be
insisted upon on the basis of item wise rates submitted by
the petitioners. But fact remains, the State Government
has issued a notification dated 28.09.2015 as to the
manner in which the lumpsum contracts are to be tackled
in the matter of providing guarantee. The said order was
modified twice in 2019 and as per G.O.P. No.
168/2019/FIN, dated 07.12.2019, it is clarified that if the
quoted amount of lowest bidder(L1) is 'X%' below the
estimated PAC, the Additional Performance Guarantee
W.P.(C.) No. 34088 of 2022
amount shall be '(X-10)%' of the estimated PAC. But, in the
matter of items rates contract, it was clarified that if the
rate quoted by the bidder for an item of work is 'X%' below
estimate cost where 'X' lies above 10%, the Additional
Performance Guarantee for that item of work is equal to
'(X-10)%' of the estimate amount for that item of work;
and the total of Additional Performance Guarantee for the
whole work is the total of individual Additional Performance
Guarantee for each item of work calculated as above.
Therefore, when an item wise rates contract was invited by
the Kerala Water Authority irrespective of whether the
contractor has quoted above the estimated probable
amount of contract, the Additional Performance Guarantee
is to be provided if amount is quoted below as per the
principles contained in the Government Order for each item
involved in the contract. This question was considered in
the IIIrd batch of writ petitions as per a common judgment
dated 21.03.2023; in W.P.(C.) No. 38189/2022 and
connected cases and held that the requirement put forth by
W.P.(C.) No. 34088 of 2022
the Kerala Water Authority for providing additional
performance guarantee, if the amount quoted is below 10%
for each item of work is in accordance with law. In my
considered opinion, the principle of law laid down by this
Court in the aforequoted judgment would strictly apply to
these writ petitions also.
3. Therefore, after having heard learned counsel for
the petitioners, Sri. P. Shanes Methar, Sri. Babu Joseph
Kuruvathazha, Sri. V. Premchand, Smt. Tessy Jose and Sri.
Santheep Ankarath and learned Standing Counsel for the
Kerala Water Authority, Sri. V.V. Joshi, Sri. P.M. Johny and
Sri. Georgie Johny, the reliefs sought for by the petitioners
in the writ petition to exempt them from providing
additional performance guarantee is declined. But fact
remains, in many of the cases in the batch of writ petitions,
interim orders were passed directing the Kerala Water
Authority to execute agreement with the contractors, on
the contractors furnishing a simple bond undertaking to
furnish additional performance guarantee, if and when
W.P.(C.) No. 34088 of 2022
directed so by this Court; and in that background, though
the reliefs were declined, certain directions were issued
which are as follows:-
"1. If the work in accordance with the agreement is
completed by the contractors, no Additional
Performance Guarantee shall be insisted upon.
2. If the work has progressed to a level exceeding
80%, the tendering authority is left with the
liberty to take a decision as to whether any
Additional Performance Guarantee is to be
insisted upon, taking into account the efficiency,
reputation, men and machinery engaged, and
other positive factors of the respective
contractors.
3. If the work has exceeded 30% of the total work,
then the tendering authority is directed to secure
Additional Performance Guarantee proportionate
to the balance work.
4. In all other cases, the contractors/petitioners are
directed to furnish an Additional Performance
Guarantee to the tendering authority as specified
in the tender documents within three weeks from
the date of receipt of a copy of this judgment.
5. In cases where a Performance guarantee is
furnished by the contractors in spite of its
W.P.(C.) No. 34088 of 2022
relaxation up to 31.03.2023, the said amounts
can be adjusted against the Additional
Performance guarantee required in the
circumstances specified above.
6. In cases where 100% bank guarantee is
furnished, instead of 50% by way of treasury
fixed deposit, the same is permitted to be
continued in the facts and circumstances, if the
work has exceeded 30% of the total work.
7. If the tenders are invited on the basis of the
Percentage Rate Contracts, then the contractors
are liable to furnish the Additional Performance
Guarantee on the basis of (X-10)% of the
estimated PAC.
8. If the tenders are invited on the basis of Items
Rates Contract, then the contractors are liable to
furnish Additional Performance Guarantee for
each item of work on the basis of (X-10)% of the
estimated amount for each item of work.
9. I make it clear that the directions are issued as
above taking into account the peculiar facts,
features and circumstances involved in these
cases consequent to the interim orders granted;
and it shall not be treated as a precedent, except
in regard to the writ petitions pending in the
above context."
W.P.(C.) No. 34088 of 2022
Therefore, the captioned writ petitions are also
disposed of in terms of the directions contained above. The
petitioners herein are all entitled to get the benefit of the
directions contained above if they come under the
categories specified above. The petitioners as well as the
agreement authority are directed to comply with the
conditions and do the necessary as directed above, taking
into account the progress of the work.
Sd/-
SHAJI P. CHALY
JUDGE
DCS/24.03.2023
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 34088/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE WORK ORDER - LETTER
NO. 2133/D6/2022/PHC - KKD DATED
24.10.2022 ISSUED BY THE 2ND RESPONDENT
(RELEVANT PAGES)
EXHIBIT P2 TRUE COPY OF THE E-TENDER NOTICE NO.
SE/PHC/KKD/27/2022-23 PUBLISHED BY THE
2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE G.O.(P) NO. 429/15/FIN
DATED 28.09.2015
EXHIBIT P4 TRUE COPY OG THE G.O.(P) NO.
19/2016/FIN DATED 03.02.2016
EXHIBIT P5 TRUE COPY OG THE G.O.(P) NO. 1/2019/FIN
DATED 10.01.2019
EXHIBIT P6 TRUE COPY OF THE OM -NO. F.9/4/2020-PPD
ISSUED BY THE GOVERNMENT OF INDIA
MINISTRY OF FINANCE DATED 12.11.2020
EXHIBIT P7 TRUE COPY OF THE G.O.(P) NO. 7/2021/FIN
DATED 07.01.2021
EXHIBIT P8 TRUE COPY OF THE G.O.(P) NO.
32/2022/FIN DATED 15.03.2022
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 42505/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE
29.9.2022 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE SCHEDULE OF WORK
ATTACHED TO EXT. P1 TENDER NOTICE.
EXHIBIT P3 TRUE COPY OF THE WORK ORDER DATED
17.12.2022 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
21.12.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 30.11.2022 IN W.P.(C)
NO.38602/2022.
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 4905/2023
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE SELECTION NOTICE
DATED ON 08/02/2023 ISSUED BY THE
SUPERINTENDING EXECUTIVE ENGINEER, 2ND
RESPONDENT
EXHIBIT-P2 A TRUE COPY OF THE GOP NO 07/2021/ FIN
DATED 07/01/2021 ISSUED BY THE
GOVERNMENT OF KERALA
EXHIBIT-P3 A TRUE COPY OF THE GO NO 32/2022 DATED
15/03/2022 ISSUED BY THE GOVERNMENT OF
KERALA
EXHIBIT-P4 A TRUE COPY OF THE GO (P) NO.1/2019/FIN
DATED 10.01.2019 ISSUED BY THE
GOVERNMENT OF KERALA,
EXHIBIT-P5 A TRUE COPY OF THE SCHEDULE PREPARED BY
THE 1ST RESPONDENT BASED ON WHICH
ADDITIONAL PERFORMANCE GUARANTEE DATED
NIL
EXHIBIT6 A TRUE COPY OF THE RELEVANT PORTION OF
THE PRICE SCHEDULE DATED NIL
EXHIBIT-P7 A TRUE COPY OF THE RELEVANT PORTION OF
THE NOTICE INVITING TENDER (NIT) FOR
THE WORK IN QUESTION
EXHIBIT-P8 A TRUE COPY OF THE ORDER DATED
11.01.2023 ISSUED BY THE MANAGING
DIRECTOR, KERALA WATER AUTHORITY
EXHIBIT-P9 A TRUE COPY OF THE INTERIM ORDER DATED
3-2-2023 IN W.P.(C).NO.3338 OF 2023
BEFORE THE HON'BLE HIGH COURT OF
KERALA, AT ERNAKULAM
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 4961/2023
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE SELECTION NOTICE
DATED ON 23-1-2023 ISSUED BY THE
SUPERINTENDING EXECUTIVE ENGINEER, 2ND
RESPONDENT
EXHIBIT-P2 A TRUE COPY OF THE GOP NO 07/2021/ FIN
DATED 07/01/2021 ISSUED BY THE
GOVERNMENT OF KERALA
EXHIBIT-P3 A TRUE COPY OF THE GO NO 32/2022 FIN
DATED 15/03/2022 ISSUED BY THE
GOVERNMENT OF KERALA
EXHIBIT-P4 A TRUE COPY OF THE GO (P) NO.1/2019/FIN
DATED 10.01.2019 ISSUED BY THE
GOVERNMENT OF KERALA
EXHIBIT-P5 A TRUE COPY OF THE DEPOSIT RECEIPT
DATED NIL ISSUED BY THE FEDERAL BANK
EXHIBIT-P6 A TRUE COPY OF THE COMMUNICATION DATED
27.01.2023 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
EXHIBIT-P7 A TRUE COPY OF THE RELEVANT PORTION OF
THE NOTICE INVITING TENDER (NIT) FOR
THE WORK IN QUESTION
EXHIBIT-P8 A TRUE COPY OF THE ORDER DATED
11.01.2023 ISSUED BY THE MANAGING
DIRECTOR, KERALA WATER AUTHORITY
EXHIBIT-P9 A TRUE COPY OF THE INTERIM ORDER DATED
3-2-2023 IN W.P.(C).NO.3338 OF 2023
BEFORE THE HON'BLE HIGH COURT OF
KERALA, AT ERNAKULAM
EXHIBIT P10 A TRUE COPY OF THE RELEVANT PORTION OF
NIT CONDITIONS WITH RESPECT TO THE WORK
IN QUESTION
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 5066/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE G O (P) NO 7/2021/FIN
DATED 7-1-2021
EXHIBIT P2 TRUE COPY OF THE RELAVENT PAGES OF THE
N I T ISSUED BY THE RESPONDENT NO 2
EXHIBIT P3 TRUE COPY OF THE SELECTION NOTICE
ISSUED BY THE 2ND RESPONDENT IN FOVOUR
OF THE PETITIONER DATED 10-2-2023
EXHIBIT P4 TRUE A COPY OF THE RELAVENT PAGES OF
THE ACCEPTED BOQ ISSSUED BY THE
RESPONDENT NO 2
EXHIBIT P5 TRUE COPY OF THE G O (P) NO 32/2022/F I
N DATED 15-3-2022 ISSUED BY THE
ADDITIONAL CHIEF SECRETARY ,FINANCE
GOVERNMENT OF KERALA
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 6265/2023
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE SELECTION NOTICE
DATED ON 07/02/2023 ISSUED BY THE
SUPERINTENDING ENGINEER, 2ND RESPONDENT
EXHIBIT-P2 A TRUE COPY OF THE GOP NO 07/2021/ FIN
DATED 07/01/2021 ISSUED BY THE
GOVERNMENT OF KERALA
EXHIBIT-P3 A TRUE COPY OF THE GO NO 32/2022 DATED
15/03/2022 ISSUED BY THE GOVERNMENT OF
KERALA
EXHIBIT-P4 A TRUE COPY OF GO (P) NO.1/2019/FIN
DATED 10.01.2019 ISSUED BY THE
GOVERNMENT OF KERALA
EXHIBIT-P5 A TRUE COPY OF THE RELEVANT PORTION OF
THE NOTICE INVITING TENDER (NIT) FOR
THE WORK IN QUESTION
EXHIBIT-P6 A TRUE COPY OF THE ORDER DATED
11.01.2023 ISSUED BY THE MANAGING
DIRECTOR, KERALA WATER AUTHORITY
EXHIBIT-P7 A TRUE COPY OF THE INTERIM ORDER DATED
3/2/2023 IN WP(C) NO.3338/2023 BEFORE
THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 6406/2023
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE SELECTION NOTICE
DATED ON 06/02/2023 ISSUED BY THE
SUPERINTENDING ENGINEER, 2ND RESPONDENT
EXHIBIT-P2 A TRUE COPY OF THE GOP NO 07/2021/ FIN
DATED 07/01/2021 ISSUED BY THE
GOVERNMENT OF KERALA
EXHIBIT-P3 A TRUE COPY OF THE GO NO 32/2022 DATED
15/03/2022 ISSUED BY THE GOVERNMENT OF
KERALA
EXHIBIT-P4 A TRUE COPY OF THE GO (P) NO.1/2019/FIN
DATED 10.01.2019 ISSUED BY THE
GOVERNMENT OF KERALA.
EXHIBIT-P5 A TRUE COPY OF THE RELEVANT PORTION OF
THE NOTICE INVITING TENDER (NIT) FOR
THE WORK IN QUESTION
EXHIBIT-P6 A TRUE COPY OF THE ORDER DATED
11.01.2023 ISSUED BY THE MANAGING
DIRECTOR, KERALA WATER AUTHORITY
EXHIBIT-P7 A TRUE COPY OF THE INTERIM ORDER DATED
3/2/2023 IN WP(C) NO.3338/2023 BEFORE
THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
W.P.(C.) No. 34088 of 2022
APPENDIX OF WP(C) 10218/2023
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF LETTER NO. KWA/ PHC/ TSR/
D5/ 4869/ 2022 DATED 06.03.2023 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
EXHIBIT P 2 TRUE COPY OF G.O.(P) NO. 72/2021/ FIN
DATED 7.1.2021 ISSUED BY THE FINANCE
DEPARTMENT (INDUSTRIES & PUBLIC WORKS-
B), GOVERNMENT OF KERALA.
EXHIBIT P 3 TRUE COPY OF GO(P) NO. 32/2022/ FIN
DATED 15.3.2022 ISSUED BY FINANCE
DEPARTMENT (INDUSTRIES & PUBLIC WORKS-
B), GOVERNMENT OF KERALA.
EXHIBIT P 4 TRUE COPY OF RELEVANT PAGES OF NOTICE
INVITING TENDER (E-TENDER NO. 111/ SE/
PHC/ TSR/ 2022-23) ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P 5 TRUE COPY OF INTERIM ORDER DATED
30.11.2022 IN WP(C) NO. 38602/2022
PASSED BY THIS HONOURABLE COURT.
EXHIBIT P 6 TRUE COPY OF GO (P) 429/2015/ FIN DATED
28.9.2015 ISSUED BY FINANCE DEPARTMENT
(INDUSTRIES & PUBLIC WORKS-B),
GOVERNMENT OF KERALA.
EXHIBIT P 7 TRUE COPY OF G.O. (P) NO. 1/2019/FIN
DATED 10.1.2019 ISSUED BY FINANCE
DEPARTMENT (INDUSTRIES & PUBLIC WORKS-
B), GOVERNMENT OF KERALA.
