Sohail Shamsudeen vs Kerala Water Authority
2023 Latest Caselaw 3385 Ker

             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. 18272 OF 2022
PETITIONER:

             P. MOHAMMED RIYAS K.C.
             AGED 40 YEARS
             S/O.MUHAMMED K.C.,
             KOTTAKUTH CHOLAYIL HOUSE,
             KOOTTALINGAL,
             NELLIKUTH P.O.,
             MANJERI, PAYYANAD,
             MALAPPURAM DISTRICT - 676 122.
             BY ADV. K.SHAJ


RESPONDENTS:

      1      THE KERALA WATER AUTHORITY
             JALABHAVAN, VELLAYAMBALAM P.O.,
             THIRUVANANTHAPURAM DISTRICT - 695 033,
             REPRESENTED BY ITS MANAGING DIRECTOR.
      2      THE SUPERINTENDING ENGINEER
             KERALA WATER AUTHORITY,
             PUBLIC HEALTH CIRCLE,
             MALAPPURAM DISTRICT - 676 505.
      3      THE EXECUTIVE ENGINEER
             KERALA WATER AUTHORITY,
             OFFICE OF THE EXECUTIVE ENGINEER,
             P H DIVISION,
             MALAPPURAM DISTRICT - 676 505.
             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.28/2023
AND       CONNECTED   CASES,     THE   COURT    ON   THE   SAME     DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 18272/2022 &
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. 37273 OF 2022
PETITIONER:

           REENA ENGINEERING AND CONTRACTING COMPANY LTD
           602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA.
           REPRESENTED BY ITS MANAGING DIRECTOR,
           PIN - 403001
           BY ADVS.P.SHANES METHAR
                   N.KRISHNA PRASAD

RESPONDENT:

     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 (KANNUR),
           KANOORKARA, KANNUR,
           PIN - 670 012
           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.
18272/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 18272/2022 &
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. 38605 OF 2022
PETITIONER:

           M/S. M.T. CONSTRUCTION COMPANY
           BUILDING NO. 92, BEVINJA, THEKKIL FERRY, CHENGALA
           P.O., KASARGOD, PIN - 671541
           REPRESENTED BY ITS MANAGING PARTNER,
           M.T. MUHAMMED KUNHI HAJI
           BY ADVS.HARISANKAR V. MENON
                   MEERA V.MENON
                   R.SREEJITH
                   K.KRISHNA

RESPONDENTS:
    1     SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY,
          PUBLIC HEALTH CIRCLE, THRISSUR, PIN - 680001
     2     EXECUTIVE ENGINEER
           KERALA WATER AUTHORITY,PUBLIC HEALTH DIVISION,
           IRINJALAKUDA, PIN - 680121
     3     STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY,
           PUBLIC WORKS DEPARTMENT (H) DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
           R1 & R2 BY SRI.        V. V. JOSHI, SC
                            SRI. P.M. JOHNY, SC
           R3 BY SRI. RAJEEV JYOTHISH GEORGE, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, ALONG WITH WP(C).18272/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 18272/2022 &
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. 40802 OF 2022
PETITIONER:

             MATHEW K. CHACKO,
             AGED 42 YEARS
             S/O.K.M.CHACKO,
             NIRAVIL PUTHEN VEEDU HOUSE,
             KURUNGAZHA.P.O, PULLAD,
             THIRUVALLA-689548.
             BY ADVS.JOBY JACOB PULICKEKUDY
                     ANIL GEORGE

RESPONDENTS:

     1       KERALA WATER AUTHORITY
             REPRESENTED BY THE MANAGING DIRECTOR,
             JALABHAVAN,
             THIRUVANANTHAPURAM-695033.
     2       THE SUPERINTENDING ENGINEER,
             OFFICE OF THE SUPERINTENDING ENGINEER,
             PUBLIC HEALTH CIRCLE,
             KOTTAYAM-689547.
             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.18272/2022
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C.) No. 18272/2022 &
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. 42739 OF 2022
PETITIONER:

             ABOOBACKER M
             AGED 48 YEARS
             S/O. B.K.MUHAMMED KUNHI,
             CHAMEBELLAM HOUSE,
             CHENGALA P.O, KASARAGOD DISTRICT., PIN - 671541
             BY ADVS.JACOB SEBASTIAN
                     K.V.WINSTON
                     ANU JACOB
                     DIVYA R. NAIR

RESPONDENTS:

      1      THE KERALA WATER AUTHORITY
             JALABHAVAN, VELLAYAMBALAM P.O,
             THIRUVANANTHAPURAM DISTRICT,
             PIN - 695010, REPRESENTED BY ITS MANAGING
             DIRECTOR.,
      2      THE SUPERINTENDING ENGINEER
             KERALA WATER AUTHORITY,
             PUBLIC HEALTH CIRCLE, OFFICE OF THE
             SUPERINTENDING ENGINEER,
             KERALA WATER AUTHORITY, HIGH ROAD,
             SAKTHAN THAMPURAN NAGAR,
             THRISSUR DISTRICT., PIN - 680001
             BY SRI. V.V. JOSHI, SC

      THIS WRIT       PETITION (CIVIL)       HAVING COME   UP FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).18272/2022
AND       CONNECTED   CASES,   THE   COURT    ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 18272/2022 &
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. 28 OF 2023
PETITIONER:

             ABOOBACKER M
             AGED 48 YEARS
             S/O. B.K.MUHAMMED KUNHI, CHAMBALAM HOUSE,
             CHENGALA P.O, KASARAGOD DISTRICT., PIN - 671541
             BY ADVS.JACOB SEBASTIAN
                     K.V.WINSTON
                     ANU JACOB
                     DIVYA R. NAIR

RESPONDENTS:

     1       THE KERALA WATER AUTHORITY
             JALABHAVAN, VELLAYAMBALAM P.O,
             THIRUVANANTHAPURAM DISTRICT, PIN - 695010
             REPRESENTED BY ITS MANAGING DIRECTOR.
     2       THE SUPERINTENDING ENGINEER
             KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
             OFFICE OF THE SUPERINTENDING ENGINEER,
             KERALA WATER AUTHORITY, HIGH ROAD,
             SAKTHAN THAMPURAN NAGAR, THRISSUR DISTRICT.,
             PIN - 680001
             BY SRI. V.V. JOSHI, SC

      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).18272/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 18272/2022 &
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. 452 OF 2023
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
                     K.V.WINSTON
                     ANU JACOB
                     DIVYA R. NAIR

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 SRI. P.M.JOHNY, SC
             BY SRI. V.V. JOSHI, SC

      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).18272/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 18272/2022 &
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. 609 OF 2023
PETITIONER:

             SOHAIL SHAMSUDEEN
             AGED 39 YEARS, S/O. V.P. SHAMSUDEEN
             VADAPPILLY HOUSE, AMBATTUKAVU,
             ALUVA, ERNAKULAM,
             PIN - 683106
             BY ADV. TESSY JOSE

RESPONDENTS:

     1       KERALA WATER AUTHORITY
             REPRESENTED BY THE MANAGING DIRECTOR,
             JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033
     2       THE SUPERINTENDING ENGINEER
             KERALA WATER AUTHORITY,
             PUBLIC HEALTH CIRCLE, HIGH ROAD,
             SAKTHAN THAMPURAN NAGAR, THRISSUR,
             PIN - 680006
             BY SRI. P.M.JOHNY, SC.
             BY SRI. V.V. JOSHI, SC.



      THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).18272/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 18272/2022 &
connected cases                 9



           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. 1278 OF 2023
PETITIONER:
          V.M. MAJEED
          AGED 44 YEARS
          S/O. MOIDEEN, VALIYAKATH HOUSE, THANIPADAM P.O,
          POOVANCHIRA, THRISSUR DISTRICT., PIN - 680652
           BY ADVS.JACOB SEBASTIAN
                   K.V.WINSTON
                   ANU JACOB
                   DIVYA R. NAIR

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, HIGH ROAD, SAKTHAN
           THAMPURAN NAGAR,THRISSUR DISTRICT, PIN - 680001
     3     THE EXECUTIVE ENGINEER
           KERALA WATER AUTHORITY,
           OFFICE OF THE EXECUTIVE ENGINEER,
           PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY,
           IRINJALAKKUDA, THRISSUR DISTRICT., PIN - 680121
           BY SRI. V.V. JOSHI, SC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, ALONG WITH WP(C).18272/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 18272/2022 &
connected cases                 10




           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. 2539 OF 2023
PETITIONER:

           P.C. VARGHESE
           AGED 62 YEARS
           S/O. P.A. CHERIYAN,
           PARAMBY HOUSE, MAMBRA,
           KARUKUTTY P.O., ERNAKULAM.,
           PIN - 683576
           BY ADV BOBBY RAPHEAL.C


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,
           KERALA WATER AUTHORITY,
           PUBLIC HEALTH CIRCLE, KOCHI ,
           ERNAKULAM DISTRICT.,
           PIN - 682011
 W.P.(C.) No. 18272/2022 &
connected cases                  11



     4       THE CHIEF ENGINEER,
             CENTRAL REGION,
             KERALA WATER AUTHORITY,
             M..G.ROAD, KOCHI,
             ERNAKULAM DISITRICT.,
             PIN - 682011
     5       THE EXECUTIVE ENGINEER,
             PROJECT DIVISION,
             KERALA WATER AUTHORITY,
             PERUMBAVOOR,
             ERNAKULAM DISTRICT.,
             PIN - 682542
             BY SRI. V.V. JOSHI, SC



      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).18272/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 18272/2022 &
connected cases                   12




             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. 5764 OF 2023
PETITIONER:

             K. J. MANI
             AGED 69 YEARS,
             S/O IYPPU,
             KOOVELIKALAPURACKKAL HOUSE,
             VAZHAKULAM P.O, MUVATTUPUZHA, PIN - 686670
             BY ADVS.JOBY JACOB PULICKEKUDY
                     ANIL GEORGE
                     DAJISH JOHN
                     SMITHA PHILIPOSE
                     ASHIK TOM

RESPONDENTS:

     1       KERALA WATER AUTHORITY
             REPRESENTED BY THE MANAGING DIRECTOR,
             JALABHAVAN, THIRUVANANTHAPURAM-695033,
             PIN - 695033
     2       SUPERINTENDING ENGINEER
             OFFICE OF THE SUPERINTENDING ENGINEER,
             PUBLIC HEALTH CIRCLE,
             KERALA WATER AUTHORITY, KOCHI,
             KERALA - 682011, PIN - 682011
             BY SRI. P.M.JOHNY, SC
             BY SRI. V.V. JOSHI, SC

      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).18272/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 18272/2022 &
connected cases                   13




             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. 8188 OF 2023
PETITIONER:

             LUKMAN T
             AGED 42 YEARS
             S/O SAIDALIKUTTY T, THAMARASSERY HOUSE,
             CHENGOTTUR P.O., KOTTAKKAL, MALAPPURAM,
             PIN - 676503
             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,
             MALAPPURAM, PIN - 676505
             BY SRI. P.M.JOHNY,SC
             BY SRI. V.V. JOSHI, SC



      THIS WRIT       PETITION (CIVIL)         HAVING COME   UP FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).18272/2022
AND       CONNECTED   CASES,   THE     COURT    ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 18272/2022 &
connected cases                   14



                            JUDGMENT

The captioned writ petitions are materially connected

in respect of contracts awarded by the Kerala Water

Authority to the petitioners. The basic challenge in the writ

petitions are common in nature; with regard to the

insistence made by the Kerala Water Authority in the notice

inviting tender/letter of acceptance for providing additional

performance guarantee in the manner prescribed therein.

The paramount contention advanced by the petitioners is

that in order to tide over the situation of the Covid - 19

pandemic, the Government of India has issued

notifications/ memorandums granting benefits in the matter

of providing performance guarantee and additional

performance guarantee while executing contracts.

According to the petitioners, in tune with the

memorandums issued by the Government of India, the

State Government has issued orders dated 07.01.2021 and

15.03.2022, whereby such relaxations are granted to the

contracts executed by the State and its instrumentalists W.P.(C.) No. 18272/2022 &

with the successful bidders. Therefore, it is contented that

the requirement put forth by the Kerala Water Authority to

provide additional performance guarantee cannot be

sustained under law. The said question was considered by

this Court in a batch of writ petitions and has rendered a

common judgment dated 21.03.2023 in W.P.(C.) No.

14051/2022 and connected cases and held that the

requirement put forth by the Kerala Water Authority for

execution of additional performance guarantee is in

accordance with law. In so far as the captioned writ

petitions are concerned, the benefit provided by the State

Government as per its order dated 07.01.2021 for a period

of one year from the date of notification are (1)

Performance Security/Security Deposit to be submitted at

the time of executing the agreement is reduced from the

existing rate of 5% to 3% of the contract amount; (2)

correspondingly Bid Security/Earnest Money Deposit is

reduced from 2.50% to 1.50% of the estimated amount

and (3) Additional Performance Guarantee is waived for the W.P.(C.) No. 18272/2022 &

low quoted items on the condition that the bidder shall

furnish an undertaking to execute all low quoted items in

full as per contract terms.

2. As I have pointed out above, the said benefits

were granted for a period of one year subject to the power

vested with the Government to review the same. Anyhow,

Government issued an order dated 15.03.2022 by which

the Government have extended the relaxation in the

execution of performance guarantee ordered as per the

Government order, dated 07.01.2021 for a further period of

31.03.2023; and the said order was given retrospective

effect from 07.01.2022. However, what is important to be

noted is that from and out of the benefits granted as per

the order dated 07.01.2021, the Government have

extended benefits only in respect of the performance

guarantee. Therefore, the contractors are not at liberty to

seek any relaxation in the matter of furnishing additional

performance guarantee. In so far as the claims raised in

the writ petition relying upon the memorandum issued by W.P.(C.) No. 18272/2022 &

the Government of India is concerned, it was held by this

Court in the batch of writ petitions referred to above that; it

was made clear in the memorandums issued by the

Government of India that it would apply only to the Central

Government Departments and the Central Public Sector

undertakings. The same was the stand adopted by the

Union Government in the said writ petitions, apart from

contending that it would not bind the state government.

3. Therefore, after having heard learned counsel for

the petitioners, Sri. K.Shaj, Sri. P. Shanes Methar,

Sri. Harisankar V. Menon, Sri. Joby Jacob Pulickekudy, Sri.

Jacob Sebastian, Smt. Tessy Jose and Smt. Bobby Rapheal,

and learned Standing Counsel for the Kerala Water

Authority, Sri. V.V. Joshi, Sri. P.M. Johny and

Sri. Georgie Johny, the writ petitions are disposed of in

terms of the common judgment dated 21.03.2023 in W.P.

(C.) No. 14051/2022 and other connected matters.

4. However, when the writ petitions were admitted

to the files of this Court, interim orders were granted on W.P.(C.) No. 18272/2022 &

condition that the petitioners execute bond in favour of the

agreement authority undertaking to furnish additional

performance guarantee if and when directed so by this

Court at a later point of time. It is true, in some of the

cases, interim order was granted by this Court against the

direction for furnishing additional performance guarantee.

Taking into account, the said circumstance even though the

relief of exemption from furnishing additional performance

guarantee was declined, the following directions were

issued:-

"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 W.P.(C.) No. 18272/2022 &

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 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 W.P.(C.) No. 18272/2022 &

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."

5. Taking into consideration, the proposition of law

laid down in W.P.(C.) No. 14051/2022 and connected

matters, the reliefs sought for by the petitioners are

declined. However, the tendering authority is directed to

consider the directions contained above and abide by the

same. The petitioners are all entitled to get the benefit of

the directions in accordance with the progress of the work

in contemplation of the directions extracted above.

Therefore, the writ petitions are disposed of

accordingly.

Sd/-

SHAJI P. CHALY JUDGE DCS/24.03.2023 W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 18272/2022

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LETTER OF ACCEPTANCE NO.SE/PHC/MPM/DB4/1269/2022-23 DATED 28/05/2022, ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE WORK TO BE DONE IN EDAVANNA GRAMA PANCHAYAT. EXHIBIT P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE NO.SE/PHC/MPM/DB4/1274/2022-23 DATED 28/05/2022, ISSUEDBY THE 2ND RESPONDENT IN RESPECT OF THE WORK TO BE DONE IN EDAVANNA GRAMA PANCHAYAT.

EXHIBIT P3 A TRUE COPY OF G.O.(P) NO.7/2021/FIN.

DATED 07/01/2021 ISSUED BY THE GOVERNMENT OF KERALA.

EXHIBIT P4 A TRUE COPY OF G.O.(P) NO.32/2022/FIN.

DATED 15/03/2022 ISSUED BY THE GOVERNMENT OF KERALA.

EXHIBIT P5 A TRUE COPY OF INTERIM ORDER DATED 08/04/2022 IN WP(C) NO.12099/2022 OF THIS HON'BLE COURT.

W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 37273/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER NO.

KWA/PHC/KNR/D1-2008/2022/JJM DATED 15.11.2022 (SELECTION NOTICE) EXHIBIT P2 TRUE COPY OF THE E-TENDER NOTICE NO.

KWA/PHC/KNR/TENDER/2022-23 DATED 6.09.2022 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 OF G.O.(P) NO. 19/2016/FIN DATED 03.02.2016 EXHIBIT P5 TRUE COPY OF G.O.(P) NO. 1/2019 DATED 10.01.2019 EXHIBIT P6 TRUE COPY OF THE OM NO. F/9/4/2020-PPD DATED 12.11.2020 ISSUED BY MINISTRY OF FINANCE GOI EXHIBIT P7 TRUE COPY OF G.O.(P) NO. 7/2021/FIN DATED 07.01.2021 EXHIBIT P8 TRUE COPY OF G.O.(P) NO. 32/2022/FIN DATED 15.03.2022 W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 38605/2022

PETITIONER EXHIBITS EXHIBIT P1 COPY OF LETTER ISSUED BY THE 1ST RESPONDENT DTD. 24-11-2022 EXHIBIT P2 COPY OF ORDER ISSUED BY THE ADDITIONAL CHIEF SECRETARY (FINANCE), THIRUVANANTHAPURAM DTD. 07-01-2021 EXHIBIT P3 COPY OF ORDER ISSUED BY THE ADDITIONAL CHIEF SECRETARY (FINANCE), THIRUVANANTHAPURAM DTD. 15-03-2022 EXHIBIT P4 COPY OF ORDER IN WPC NO. 27320/22 OF THIS HON'BLE COURT DTD. 24-08-2022 W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 40802/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF G.O.(P)NO.7/2021/FIM DATED 07.01.2021 ISSUED BY ADDITIONAL CHIEF SECRETARY FINANCE, GOVERNMENT OF KERALA EXHIBIT P2 WORK ORDER ISSUED BY THE SUPERINTENDING ENGINEER DATED 08.12.2022.

EXHIBIT P3 TRUE COPY OF G.O.(P)NO.32/2022/FIM DATED, 15.03.2022 ISSUED BY ADDITIONAL CHIEF SECRETARY FINANCE GOVERNMENT OF KERALA EXHIBIT P4 COPY OF THE INTERIM ORDER DATED 08/04/2022 IN WP(C)NO.12099 OF 2022. W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 42739/2022

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 12.11.2020 ISSUED BY THE GOVERNMENT OF INDIA; MINISTRY OF FINANCE.

EXHIBIT-P2 A TRUE COPY OF THE G.O.(P) NO.7/2021/FIN. DATED 07.01.2021. EXHIBIT-P3 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 30.12.2021 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE.

EXHIBIT-P4 A TRUE COPY OF THE G.O.(P) NO.32/2022/FIN DATED 15.03.2022. EXHIBIT-P5 A TRUE COPY OF THE SELECTION NOTICE DATED 13.12.2022 RELATING TO JJM-WSS TO IRINJALAKUDA MUNICIPALITY, MURIYAD & VELOOKKARA PANCHAYATH'S IN THRISSUR DISTRICT-PACKAGE II-PART III- PROVIDING DISTRIBUTION NETWORK AND FHTC TO MURIYAD PANCHAYATH -SUPPLY, LAYING, TESTING AND COMMISSIONING OF 500 MM TO 50 MM DIA DI/PE/PVC PIPES FOR DISTRIBUTION NETWORK TO MURIYAD PANCHAYATH -136.732 KM AND SUPPLY, LAYING, TESTING AND COMMISSIONING OF CWPM FROM COMMON JUNCTION TO MURIYAD OHSR.

EXHIBIT-P6 A TRUE COPY OF THE SELECTION NOTICE DATED 15.12.2022 RELATING TO JAL JEEVAN MISSION- 2021-22- AUGMENTATION OF PRWSS-PROVIDING FTHCS IN KADAVALLUR PANCHAYATH-(PHASE-III).

EXHIBIT-P7 A TRUE COPY OF THE COMMON JUDGMENT DATED 08.04.2022 IN W.P.(C) NOS.2558/2022 AND 4140/2022 OF THIS W.P.(C.) No. 18272/2022 &

HONOURABLE COURT.

EXHIBIT-P8 A TRUE COPY OF THE COMMON JUDGMENT DATED 22.11.2022 IN W.A NO.941/2022 AND CONNECTED CASES OF THIS HONOURABLE COURT.

EXHIBIT-P9 A TRUE COPY OF THE INTERIM ORDER DATED 08.04.2022 IN W.P.(C) NO.12099/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P10 A TRUE COPY OF THE INTERIM ORDER DATED 19.04.2022 IN W.P.(C) NO.14145/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P11 A TRUE COPY OF THE INTERIM ORDER DATED 26.09.2022 IN W.P.(C) NO.30582/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P12 A TRUE COPY OF THE INTERIM ORDER DATED 29.11.2022 IN W.P.(C) NO.38358/2022 OF THIS HONOURABLE COURT.

W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 28/2023

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 12.11.2020 ISSUED BY THE GOVERNMENT OF INDIA; MINISTRY OF FINANCE.

EXHIBIT-P2 A TRUE COPY OF THE G.O.(P) NO.7/2021/FIN. DATED 07.01.2021. EXHIBIT-P3 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 30.12.2021 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE.

EXHIBIT-P4 A TRUE COPY OF THE G.O.(P) NO.32/2022/FIN DATED 15.03.2022. EXHIBIT-P5 A TRUE COPY OF THE SELECTION NOTICE DATED 21.12.2022 RELATING TO JJM-WSS TO IRINJALAKUDA MUNICIPALITY, MURIYAD & VELOOKKARA PANCHAYATHS IN THRISSUR DISTRICT-PACKAGE II-PART II- PROVIDING DISTRIBUTION NETWORK AND FHTC TO VELOOKKARA PANCHAYATH -SUPPLY, LAYING, TESTING AND COMMISSIONING OF 450 MM TO 50 MM DIA DI/PE/PVC PIPES FOR DISTRIBUTION NETWORK TO VELOORKARA PANCHAYATH -215.328 KM AND SUPPLY, LAYING, TESTING AND COMMISSIONING OF 300 MM DL K9 PIPE-5600M CLEAR WATER PUMPING MAIN FROM COMMON JUNCTION TO VELOOKKARA OHSR.

EXHIBIT-P6 A TRUE COPY OF THE COMMON JUDGMENT DATED 08.04.2022 IN W.P.(C) NOS.2558/2022 AND 4140/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P7 A TRUE COPY OF THE COMMON JUDGMENT DATED 22.11.2022 IN W.A NO.941/2022 AND CONNECTED CASES OF THIS HONOURABLE W.P.(C.) No. 18272/2022 &

COURT.

EXHIBIT-P8 A TRUE COPY OF THE INTERIM ORDER DATED 08.04.2022 IN W.P.(C) NO.12099/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P9 A TRUE COPY OF THE INTERIM ORDER DATED 19.04.2022 IN W.P.(C) NO.14145/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P10 A TRUE COPY OF THE INTERIM ORDER DATED 26.09.2022 IN W.P.(C) NO.30582/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P11 A TRUE COPY OF THE INTERIM ORDER DATED 27.12.2022 IN W.P.(C) NO.42739/2022 OF THIS HONOURABLE COURT.

W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 452/2023

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 12.11.2020 ISSUED BY THE GOVERNMENT OF INDIA; MINISTRY OF FINANCE.

EXHIBIT-P2 A TRUE COPY OF THE G.O.(P) NO.7/2021/FIN. DATED 07.01.2021. EXHIBIT-P3 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 30.12.2021 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE.

EXHIBIT-P4 A TRUE COPY OF THE G.O.(P) NO.32/2022/FIN DATED 15.03.2022. EXHIBIT-P5 A TRUE COPY OF THE SELECTION NOTICE DATED 03.01.2023 RELATING TO JAL JEEVAN MISSION (JJM)- PHASE IV- WSS TO KADUTHURUTHY, KALLARA & KURAVILANGADU PANCHAYATH- KURAVILANGADU- PACKAGE2- PIPELINE WORK-1-LAYING PIPES AND PROVIDING FUNCTIONAL HOUSEHOLD TAP CONNECTION IN KURAVILANGADU PANCHAYATH, KOTTAYAM DISTRICT.

EXHIBIT-P6 A TRUE COPY OF THE COMMON JUDGMENT DATED 08.04.2022 IN W.P.(C) NOS.2558/2022 AND 4140/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P7 A TRUE COPY OF THE COMMON JUDGMENT DATED 22.11.2022 IN W.A NO.941/2022 AND CONNECTED CASES OF THIS HONOURABLE COURT.

EXHIBIT-P8 A TRUE COPY OF THE INTERIM ORDER DATED 08.04.2022 IN W.P.(C) NO.12099/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P9 A TRUE COPY OF THE INTERIM ORDER DATED W.P.(C.) No. 18272/2022 &

19.04.2022 IN W.P.(C) NO.14145/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P10 A TRUE COPY OF THE INTERIM ORDER DATED 27.12.2022 IN W.P.(C) NO.42739/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P11 A TRUE COPY OF THE INTERIM ORDER DATED 04.01.2023 IN W.P.(C) NO.28/2023 OF THIS HONOURABLE COURT.

W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 609/2023

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE G.O. (P) NO.7/2021/FIN DATED. 07.01.2021 ISSUED BY ADDITIONAL CHIEF SECRETARY FINANCE, GOVERNMENT OF KERALA EXHIBIT P2 THE TRUE COPY OF RELEVANT PAGES OF NIT ISSUED BY THE RESPONDENTS EXHIBIT P3 A TRUE COPY OF THE SELECTION NOTICE ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER DATED 04.01.2023 EXHIBIT P4 A TRUE COPY OF THE G.O. (P) NO.32/2022/FIN DATED. 15.03.2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, FINANCE, GOVERNMENT OF KERALA EXHIBIT P5 A TRUE COPY OF THE INTERIM ORDER DATED 22.12.2022 IN W.P.C. NO. 41362 OF 2022 OF THIS HON'BLE COURT W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 1278/2023

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 12.11.2020 ISSUED BY THE GOVERNMENT OF INDIA; MINISTRY OF FINANCE.

EXHIBIT-P2 A TRUE COPY OF THE G.O.(P) NO.7/2021/FIN. DATED 07.01.2021. EXHIBIT-P3 A TRUE COPY OF THE OFFICIAL MEMORANDUM DATED 30.12.2021 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE.

EXHIBIT-P4 A TRUE COPY OF THE G.O.(P) NO.32/2022/FIN DATED 15.03.2022. EXHIBIT-P5 A TRUE COPY OF THE SELECTION NOTICE DATED 03.01.2023 RELATING TO JJM-RDWSS TO KATTOOR, PADIYUR, POOMANGALAM & ADJOINING PANCHAYATHS - EXTENSION OF PIPELINE AT POOMANGALAM GRAMA PANCHAYATH- PART-13.

EXHIBIT-P6 A TRUE COPY OF THE COMMON JUDGMENT DATED 08.04.2022 IN W.P.(C) NOS.2558/2022 AND 4140/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P7 A TRUE COPY OF THE COMMON JUDGMENT DATED 22.11.2022 IN W.A NO.941/2022 AND CONNECTED CASES OF THIS HONOURABLE COURT.

EXHIBIT-P8 A TRUE COPY OF THE INTERIM ORDER DATED 08.04.2022 IN W.P.(C) NO.12099/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P9 A TRUE COPY OF THE INTERIM ORDER DATED 19.04.2022 IN W.P.(C) NO.14145/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P10 A TRUE COPY OF THE INTERIM ORDER DATED W.P.(C.) No. 18272/2022 &

27.12.2022 IN W.P.(C) NO.42739/2022 OF THIS HONOURABLE COURT.

EXHIBIT-P11 A TRUE COPY OF THE INTERIM ORDER DATED 04.1.2023 IN W.P.(C) NO.28/2023 OF THIS HONOURABLE COURT.

EXHIBIT-P12 A TRUE COPY OF THE INTERIM ORDER DATED 09.01.2023 IN W.P.(C) NO.684/2023 OF THIS HONOURABLE COURT.

W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 2539/2023

PETITIONER EXHIBITS EXHIBIT P-1 TRUE COPY OF THE ORDER NO.

PHC/CHN/JJM/9733/2022 DATED 18.1.2023 ISSUED BY THE 3RD RESPONDENT (WITHOUT ENCLOSURES) EXHIBIT P-2 TRUE COPY OF THE ORDER DATED 3/1/2023 IN WP(C ) NO. 42920/2022 OF THIS HON'BLE COURT W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 5764/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF G.O.(P) NO.7/2021/FIM DATED. 07.01.2021 ISSUED BY ADDITIONAL CHIEF SECRETARY FINANCE, GOVERNMENT OF KERALA EXHIBIT P2 TRUE COPY OF G.O.(P) NO.32/2022/FIM DATED. 15.03.2022 ISSUED BY FINANCE DEPARTMENT (INDUSTRIES & PUBLIC WORKS- B) IN GOVERNMENT EXHIBIT P3 TRUE COPY OF SELECTION NOTICE DATED.13.02.2023 ISSUED BY 2ND RESPONDENT TO PETITIONER EXHIBIT P4 TRUE COPY OF G.O. (P) NO.168/2019/FIN DATED. 07.12.2019 ISSUED BY FINANCE DEPARTMENT (INDUSTRIES & PUBLIC WORKS- B) IN GOVERNMENT EXHIBIT P5 THE TRUE COPY OF RELEVANT PAGES OF THE NOTICE INVITING TENDER IN E-TENDER NO.55/2022-23/SE/PHC/CHN DATED 22/11/2022 EXHIBIT P6 THE TRUE COPY OF INTERIM ORDER IN WPC 2539 OF 2023 DATED 25/01/2023 BEFORE THIS HON'BLE COURT W.P.(C.) No. 18272/2022 &

APPENDIX OF WP(C) 8188/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER DATED 17.02.2023 EXHIBIT P2 TRUE COPY OF G.O.(P) NO.7/2021/FIN DATED 07.01.2021 ISSUED BY THE ADDITIONAL CHIEF SECRETARY FINANCE, GOVERNMENT OF KERALA EXHIBIT P3 TRUE COPY OF G.O.(P) NO.32/2022/FIN DATED. 15.03.2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY, FINANCE, GOVERNMENT OF KERALA

OF THE NIT ISSUED BY THE 2ND RESPONDENT DATED NIL