Kerala High Court
Moosakutty P P vs Peruvayal Grama Panchayat on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 41507 OF 2022
PETITIONER:
SAHADEVAN K M,AGED 50 YEARS
S/O CHATHUNNI, KIZHAKKE MAVANNUR PADIKKAL,
CHERUKULATHUR P.O, KOZHIKODE- 673 008.
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 THE PERUVAYAL GRAMA PANCHAYAT,
REP. BY ITS SECRETARY, POOVATTUPARAMBA P.O,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
2 THE SECRETARY,
PERVAYAL GRAMA PANCHAYAT, POOVATTUPARAMBA P.O,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
3 THE ASSISTANT ENGINEER,
LSGD, PERUVAYAL GRAMA PANCHAYAT, POOVATTUPARAMBA
P.O, KOZHIKODE- 673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 41532 OF 2022
PETITIONER:
UMMER P.P.,AGED 52 YEARS
S/O HASSAKUTTY, PUTHAN PARAMBU (H),
POOVATTUPARAMBA P.O, KOZHIKODE- 673 008.
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 PERUVAYAL GRAMA PANCHAYAT,
REP. BY ITS SECRETARY, POOVATTUPARAMBA P.O,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
2 THE SECRETARY, PERVAYAL GRAMA PANCHAYAT,
POOVATTUPARAMBA P.O, KOZHIKODE TALUK, PERUVAYAL,
KOZHIKODE- 673 008.
3 THE ASSISTANT ENGINEER, LSGD,
PERUVAYAL GRAMA PANCHAYAT, POOVATTUPARAMBA P.O,
KOZHIKODE- 673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 41547 OF 2022
PETITIONER:
ANAS N.,AGED 50 YEARS
S/O. MUHAMMED(LATE), NIKANNA KANDY (H),
MAYANAD P.O, KOZHIKODE- 673 008.
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 PERUVAYAL GRAMA PANCHAYAT,
REP. BY ITS SECRETARY, POOVATTUPARAMBA P.O,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
2 THE SECRETARY, PERVAYAL GRAMA PANCHAYAT,
POOVATTUPARAMBA P.O, KOZHIKODE TALUK, PERUVAYAL,
KOZHIKODE- 673 008.
3 THE ASSISTANT ENGINEER, LSGD,
PERUVAYAL GRAMA PANCHAYAT, POOVATTUPARAMBA P.O,
KOZHIKODE- 673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 42089 OF 2022
PETITIONER:
P.MUHAMMED SADATHAGED 53 YEARS
S/O MUHAMMADALI, PAZHAMPALLY HOUSE ,P.O.
MAVOOR, KOZHIKODE- 673 661
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 PERUVAYAL GRAMAPANCHAYATH
REP. BY ITS SECRETARY, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
2 THE SECRETARTY,
PERVAYAL GRAMA PANCHAYAT, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
3 THE ASSISTANT ENGINEER,
LSGD, PERUVAYAL GRAMA PANCHAYAT,
POOVATTUPARAMBA P.O, KOZHIKODE- 673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 42138 OF 2022
PETITIONER:
E.C.JAYAPRAKASAN,AGED 47 YEARS
S/O A MOOTHORAN, EDAKKUNICHALIL HOUSE, P.O.
PERUVAYAL, KOZHIKODE-673 008., PIN - 673008
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 PERUVAYAL GRAMAPANCHAYAT
REPRESENTED BY ITS SECRETARY, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE-673 008.
2 THE SECRETARY
PERUVAYAL GRAMAPANCHAYAT, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE-673 008.
3 THE ASSISTANT ENGINEER
L.S.G.D., PERUVAYAL GRAMAPANCHAYAT,
POOVATTUPARAMBA P.O., KOZHIKODE-673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 42495 OF 2022
PETITIONER:
ARAVINDAKSHAN V.P.,AGED 55 YEARS
S/O UNNEERIKURUP, VENGAPURATHIL HOUSE,
KAYALAM P.O., KOZHIKODE-673 661.
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 PERUVAYAL GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE-673 008.
2 THE SECRETARY
PERUVAYAL GRAMA PANCHAYAT, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE-673 008.
3 THE ASSISTANT ENGINEER
L.S.G.D., PERUVAYAL GRAMA PANCHAYAT,
POOVATTUPARAMBA P.O., KOZHIKODE-673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 42502 OF 2022
PETITIONER:
O MUHAMMED,AGED 56 YEARS
S/O. MAMMEDKUNHY, ORUVANGARA (H),
VELLIPARAMBA P.O., KOZHIKODE-673008.
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 PERUVAYAL GRAMA PANCHAYATH
REP. BY ITS SECRETARY, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE-673008.
2 THE SECRETARY,
PERUVAYAL GRAMAPANCHAYAT, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE-673008.
3 THE ASSISTANT ENGINEER,
LSGD, PERUVAYAL GRAMAPANCHAYAT,
POOVATTUPARAMBA P.O., KOZHIKODE-673008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 42518 OF 2022
PETITIONER:
MOOSAKUTTY P P,AGED 62 YEARS
AGED 62 YEARS, S/O MOHAMMED KOYA,
VELUTHEDATHKOLLANDADI(H), P.O VAZHAKKAD,
MALAPPURAM- 673 640.
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 PERUVAYAL GRAMA PANCHAYAT
REP. BY ITS SECRETARY, POOVATTUPARAMBA P.O,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
2 THE SECRETARY,
PERVAYALGRAMA PANCHAYAT, POOVATTUPARAMBA P.O,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
3 THE ASSISTANT ENGINEER,
LSGD, PERUVAYALGRAMAPANCHAYAT,
POOVATTUPARAMBA P.O, KOZHIKODE- 673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).42154/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 42154 OF 2022
PETITIONER:
M C ZAINUDHEEN,AGED 53 YEARS
S/O MUHAMMED, PADINHARAYIL HOUSE, P.O
POOVATTUPARAMBA, KOZHIKODE- 673 008.
BY ADV K.V.MANOJ KUMAR
RESPONDENTS:
1 THE PERUVAYAL GRAMA PANCHAYAT,
REP. BY ITS SECRETARY, POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
2 THE SECRETARY,
PERVAYAL GRAMA PANCHAYAT,POOVATTUPARAMBA P.O.,
KOZHIKODE TALUK, PERUVAYAL, KOZHIKODE- 673 008.
3 THE ASSISTANT ENGINEER,
LSGD, PERUVAYAL GRAMA PANCHAYAT,
POOVATTUPARAMBA P.O, KOZHIKODE- 673 008.
BY ADVS.
Vinod Singh Cheriyan
T.M.KHALID(K/000047/2013)
K.P.SUSMITHA(K/956/2001)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
24.03.2023, ALONG WITH WP(C).41507/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
10
VIJU ABRAHAM, J.
.................................................................
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
.................................................................
Dated this the 24th day of March, 2023
JUDGMENT
When the matter was taken up for consideration learned
counsel for the petitioners and the learned standing counsel of the
respondent Panchayat submitted that the issues involved in these writ
petitions are similar and therefore they are considered and disposed of
with a common order. W.P(C) No. 41507 of 2022 is taken as the leading
case and the pleadings in the said writ petition are adverted to in this
judgment.
2. The petitioner is a PWD contractor. The respondent
Panchayat invited bids for various works and pursuant to the same
petitioner submitted the tender at 9% above the estimated rate. The rate
shown in the tender is that of the 2018 DSR rate. Considering that the
said rate is much lesser than the local market rate, the State level
coordination committee meeting decided that in respect of all works, 10%
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
tender excess should be given and pursuant to the same Ext.P5
Government order was issued in this regard. The bid submitted by the
petitioner was the lowest one and the rate fixed was exactly in tune with
Ext.P5 Government order. The petitioner was called for a negotiation and
the petitioner agreed to execute the work at 6% against the quoted rate of
9%. Respondent No.2 without considering any of the aspects of the
matter, directed the third respondent to reject the tender. Petitioner
contended that the rejection of tender is bad as the Panchayat did not
consider the grant of tender excess as permitted as per Ext.P5
Government order. Petitioner further submitted that in similar
circumstances another Panchayat as per Ext.P6 granted the benefit of
Ext.P5 Government order to the tenderer therein. Petitioner submits that
steps have been taken to re-tender the work. Petitioner further submits
that in similar circumstances, this court as per Ext.P8 order, has directed
a similar claim of the petitioner therein to be considered by the Panchayat.
The petitioner also relies on Exts.P13 and P14 communications wherein
direction was issued by the Government to implement the Government
orders in this regard.
3. The respondent Panchayat has filed a detailed counter
affidavit mainly contending that the writ petition is not maintainable as
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
there is an effective alternative remedy of filing an appeal before the
Tribunal for Local Self Government Institutions. It is further submitted that
the decision of the Panchayat to accept the tenders quoted below
estimate rates and to re-tender the public works in which the rates quoted
is above estimate rate, was taken in public interest and after negotiating
with the petitioner. The petitioner is adamant in sticking on to the higher
rates at the time of negotiation. The directions in Exts.P4 and P5 are just
guidelines and are not mandatory. The financial burden of the Panchayat
for payment of excess money to the contractor was also taken into
consideration while rejecting the tenders. The decision taken by the
Panchayat was in public interest after due negotiation and therefore there
is no violation of any natural justice as contended by the petitioner. As is
evident from Ext.R2(a) resolution of the Panchayat, the decision to reject
the tender was on the ground that the tender excess would cause huge
financial liability to the public exchequer. The respondent Panchayat
would further submit that whatever proceedings that have been initiated
for tendering the work is in strict compliance with the provisions of the
Kerala Panchayat Raj (Execution of Public Works) Rules, 1997. Though
the Panchayat is well within its authority to accept or reject the tenders
without assigning any reason, in the present case, a conscious decision
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
was taken after conducting negotiation with the petitioner regarding the
rates and taking into consideration the loss that would be sustained by the
Panchayat had tender excess been granted. It is also submitted that even
though the petitioner relies on Ext P8 judgment, no representation as
directed in the said judgment is seen filed by the petitioner and that if any
representation in this regard is filed, that will be duly considered in
accordance with the law. Similar contentions and objections were raised
in the other writ petitions also.
I have considered the rival contentions. Interim orders were
passed in all these cases restraining the respondent Panchayat from re-
tendering the work. In the facts and circumstances of the case, I am of the
opinion that these writ petitions could be disposed of giving a chance to
the petitioners to appraise their grievances before the respondent
Panchayat, especially on the basis of Exts.P4, P5, P13 and P14
orders/communications issued by the Government. Therefore, the above
writ petitions are disposed of with a direction to the petitioners to file
appropriate representations before the respondent Panchayat highlighting
their grievances in the matter of rejection of tenders within a period of one
week from the date of receipt of a certified copy of the judgment. If such
representation is filed within a period of one week as directed above, the
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
same shall be considered and disposed of by the respondent Panchayat
taking into consideration Exts. P4, P5, P13 and P14 or any other
document to be submitted by the petitioners as expeditiously as possible,
at any rate, within a period of two weeks thereafter, after affording an
opportunity of hearing to the petitioners. Till final orders are passed as
directed above, the interim orders granted in these writ petitions will
continue.
With the abovesaid directions, the writ petitions are disposed
of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 41507/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 29.07.2017
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER SUBMITTED BY THE PETITIONER DATED
16.11.2022
Exhibit P4 A TRUE COPY OF THE MINUTES OF STATE LEVEL
COORDINATION COMMITTEE MEETING HELD ON
28.07.2022
Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER ISSUED
BY THE GOVERNMENT OF KERALA DATED
18.10.2022
Exhibit P6 A TRUE COPY OF SELECTION NOTICE ISSUED BY
THE KOZHIKODE CORPORATION WITH 10% TENDER
EXCESS
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER IN
WP[C].NO.25824 OF 2021 DATED 23.12.2021
Exhibit P8 A TRUE COPY OF JUDGMENT IN WP[C].NO.25824
OF 2021. DTD 14/2/22
Exhibit P13 TRUE COPY OF THE LETTER DATED 5/1/2023
ISSUED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT
Exhibit P14 TRUE COPY OF THE LETTER DATED 17/2/2023
RESPONDENT EXHIBITS
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.2.2022 of Peruvayal Grama Panchayath
Exhibit R2(b) Copy of the relevant pages of the
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
by each contractors
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 41532/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 29.07.2017.
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER SUBMITTED BY THE PETITIONER DATED
16.11.2022.
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE
BIDS SUBMITTED BY THE PETITIONER DATED
18.11.2022 IN RESPECT OF EXT P2 .
Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF THE
BIDS SUBMITTED BY THE PETITIONER DATED
18.11.2022 IN RESPECT OF EXT-P3.
Exhibit P6 A TRUE COPY OF THE MINUTES OF STATE LEVEL
CO-ORDINATION COMMITTEE MEETING HELD ON
28.07.2022.
Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER DATED
18.10.2022 ISSUED BY THE GOVERNMENT OF
KERALA.
Exhibit P8 A TRUE COPY OF SELECTION NOTICE ISSUED BY
THE KOZHIKODE CORPORATION WITH 10% TENDER
EXCESS.
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER IN
WP[C].NO.25824 OF 2021 DATED 23.12.2021.
Exhibit P10 A TRUE COPY OF JUDGEMENT IN WP[C].NO.25824
OF 2021.
RESPONDENT EXHIBITS
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.2.2022 of Peruvayal Grama Panchayath
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
Exhibit R2(b) Copy of the relevant pages of the
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
by each contractors
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 41547/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 29.03.2010.
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER SUBMITTED BY THE PETITIONER DATED
17.11.2022.
Exhibit P4 A TRUE COPY OF THE NOTICE INVITING TENDER
IN RESPECT OF WORK NAMELY THALAKKULANGARA
VERKATT MEETHAL ROAD.
Exhibit P5 A TRUE COPY OF THE BID SUBMITTED BY
PETITIONER IN RESPECT OF EXT P4 WORK.
Exhibit P6 A TRUE COPY OF THE MINUTES OF STATE LEVEL
CO-ORDINATION COMMITTEE MEETING HELD ON
28.07.2022.
Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER DATED
18.10.2022 ISSUED BY THE GOVERNMENT OF
KERALA.
Exhibit P8 A TRUE COPY OF SELECTION NOTICE ISSUED BY
THE KOZHIKODE CORPORATION WITH 10% TENDER
EXCESS.
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER IN WP
[C].NO.25824 OF 2021 DATED 22.11.2021.
Exhibit P10 A TRUE COPY OF JUDGMENT IN WP[C].NO.25824
OF 2021.
RESPONDENT EXHIBITS
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.2.2022 of Peruvayal Grama Panchayath
Exhibit R2(b) Copy of the relevant pages of the
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
by each contractors
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 42089/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 24.06.2016
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER SUBMITTED BY THE PETITIONER DATED
17.11.2022
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER ISSUED
BY THE GOVERNMENT OF KERALA DATED
18.10.2022
Exhibit P5 A TRUE COPY OF SELECTION NOTICE ISSUED BY
THE KOZHIKODE CORPORATION WITH 10% TENDER
EXCESS
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER IN
WP[C].NO.25824 OF 2021 DATED 22.11.2021
Exhibit P7 A TRUE COPY OF JUDGMENT IN WP[C].NO.25824
OF 2021. DATED 14.2.22
RESPONDENT EXHIBITS
Exhibit R2(b) Copy of the relevant pages of the
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
by each contractors
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.12.2022 of Peruvayal Grama Panchayath
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 42138/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 05.03.2013.
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
PETITIONER'S BID IN RESPECT OF MOONANGAL-
CHERUKUNNUMMAL ROAD WORK.
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF
PETITIONER'S BID IN RESPECT OF PULPARAMBIL-
MEETHAL WATER TANK ROAD WORK.
Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER ISSUED
BY THE GOVERNMENT OF KERALA DATED
18.10.2022.
Exhibit P6 A TRUE COPY OF SELECTION NOTICE ISSUED BY
THE KOZHIKODE CORPORATION WITH 10% TENDER
EXCESS.
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO. 25824 OF 2021 DATED 22.11.2021.
Exhibit P8 A TRUE COPY OF JUDGMENT IN W.P.(C) NO.
25824 OF 2021 DATED 14.02.2022.
RESPONDENT EXHIBITS
Exhibit R2(b) Copy of the relevant pages of the
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
by each contractors
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.12.2022 of Peruvayal Grama Panchayath
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 42495/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 22.09.2022.
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER SUBMITTED BY THE PETITIONER DATED
16.11.2022.
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER ISSUED
BY THE GOVERNMENT OF KERALA DATED
18.10.2022.
Exhibit P5 A TRUE COPY OF SELECTION NOTICE ISSUED BY
THE KOZHIKODE CORPORATION WITH 10% TENDER
EXCESS.
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO. 41507/2022 OF 2021 DATED 20.12.2022.
RESPONDENT EXHIBITS
Exhibit R2(b) Copy of the relevant pages of the
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
by each contractors
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.2.2022 of Peruvayal Grama Panchayath
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 42502/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 30.3.2013.
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION IN
RESPECT OF KOLAPARAMBATH FOOTPATH CONCRETE
PUBLISHED BY THE 3RD RESPONDENT.
Exhibit P3 A TRUE COPY OF THE TENDER NOTIFICATION IN
RESPECT OF PADINJAREYIL KAIPPURATH MEETHAL
ROAD CONCRETE.
Exhibit P4 A TRUE COPY OF TENDER NOTIFICATION IN
RESPECT OF CHANATH KAIPPANJIYIL
MEETHALROAD.
Exhibit P5 A TRUE COPY OF THE BID SUBMITTED BY
PETTIONER IN RESPECT OF EXT.P2 WORK.
Exhibit P6 A TRUE COPY OF THE BID SUBMITTED BY
PETITIONER IN RESPECT OF EXT.P3 WORK.
Exhibit P7 A TRUE COPY OF THE BID SUBMITTED BY THE
PETITIONER IN RESPECT OF EXT.P4 WORK.
Exhibit P8 A TRUE COPY OF GOVERNMENT ORDER DATED
18.10.2022.
Exhibit P9 A TRUE COPY OF SELECTION NOTICE ISSUED BY
KOZHIKODE CORPORATION GRANTING 10% TENDER
EXCESS.
Exhibit P10 A TRUE COPY OF THE INTERIM ORDER DATED
20.12.2022 IN WPC 41507/2022 ISSUED BY THIS
HON'BLE COURT.
RESPONDENT EXHIBITS
Exhibit R2(b) Copy of the relevant pages of the
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
by each contractors
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.12.2022 of Peruvayal Grama Panchayath
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 42518/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATED DATED 29.07.2017
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER SUBMITTED BY THE PETITIONER DATED
17.11.2022
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER ISSUED
BY THE GOVERNMENT OF KERALA DATED
18.10.2022
Exhibit P5 A TRUE COPY OF THE SELECTION NOTICE ISSUED
BY THE KOZHIKODE CORPORATION WITH 10%
TENDER EXCESS
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER IN
WP(C).NO.41507 OF 2022 DATED 20.12.2022
RESPONDENT EXHIBITS
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.12.2022 of Peruvayal Grama Panchayath
Exhibit R2(b) Copy of the Resolution No. 6(3) dated
7.1.2023 of Peruvayal Grama Panchayath
W.P.(C) Nos.41507, 41532, 41547, 42089,
42138, 42495, 42502, 42518 & 42154 of 2022
APPENDIX OF WP(C) 42154/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
REGISTRATION CERTIFICATE DATED 28.06.2013
Exhibit P2 A TRUE COPY OF THE TENDER NOTIFICATION
PUBLISHED BY THE 3RD RESPONDENT DATED
10.11.2022
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
TENDER SUBMITTED BY THE PETITIONER DATED
16.11.2022
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER ISSUED
BY THE GOVERNMENT OF KERALA DATED
18.10.2022
Exhibit P5 A TRUE COPY OF SELECTION NOTICE ISSUED BY
THE KOZHIKODE CORPORATION WITH 10% TENDER
EXCESS
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER IN
WP[C].NO.25824 OF 2021 DATED 22.11.2021
Exhibit P7 A TRUE COPY OF JUDGMENT IN WP[C].NO.25824
OF 2021. DTD 14.2.22
RESPONDENT EXHIBITS
Exhibit R2(b) Copy of the relevant pages of the
Tabulation Statement prepared by Peruvayal
Grama Panchayath showing the price quated
by each contractors
Exhibit R2(a) Copy of the Resolution No. 6/1 dated
12.2.2022 of Peruvayal Grama Panchayath
