Namshad A vs Kerala Water Authority
2023 Latest Caselaw 10218 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                        WP(C) NO. 9988 OF 2023
PETITIONER:

          NAMSHAD A, AGED 35 YEARS, S/O. AMU,
          CONTRACTOR, JASEELA MANZIL, STAR NAGAR,
          BEVINJE, THEKKIL FERRY P.O.,
          KASARAGOD DISTRICT, PIN - 671 541.

          BY ADV BABU JOSEPH KURUVATHAZHA


RESPONDENTS:

    1     KERALA WATER AUTHORITY, JALA BHAVAN, NANDAVANAM,
          VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033,
          REPRESENTED BY ITS MANAGING DIRECTOR.

    2     CHIEF ENGINEER, KERALA WATER AUTHORITY,
          JALA BHAVAN, NANDAVANAM, VELLAYAMBALAM,
          THIRUVANANTHAPURAM., PIN - 695033.

    3     SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY,
          PH CIRCLE, THIRUVALLA, PATHANAMTHITTA, PIN - 689 101.

    4     T. THANKAPPAN, CONTRACTOR, K.S. BHAVAN,
          KANNARAVILA, NELLIMOODU P.O.,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695524.

    5     AJII A., CONTRACTOR, PUTHUVAL PUTHEN VEEDU,
          UCHAKKADA, PAYATTUVILA P.O.,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695501.

          BY ADV P.M.JOHNY, SC
          SRI.GEORGY JOHNY SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9988 OF 2023
                                         -2-

                                  JUDGMENT

When this matter was called today, the

learned counsel for the parties were ad idem

that the issues involved in this case have

already been noticed by this Court in the

judgment in W.P.(C).No.3396/2023.

2. I see from the pleadings of this case

that the petitioner in this case objects to the

inclusion of the 'Joint Venture' contributed by

respondents 4 and 5 in the tendering process,

with respect to the work notified by the Kerala

Water Authority - on the ground that their

Solvency Certificate was not furnished in Form

No.Q4A; and that their internecine obligations

in the said 'Venture' have not been properly

explained.

3. As I have already said in the

aforementioned judgment, when the competent

Authority of the KWA has already taken a WP(C) NO. 9988 OF 2023

decision in this matter, the jurisdiction of

this Court will stand barricaded.

4. That apart, the learned Standing Counsel

for the KWA submitted that this writ petition

has become infructuous, because the tender has

already been opened and that the 'Joint Venture'

of respondents 4 and 5 has been found to be the

lowest tenderer.

In the afore circumstances, following the

judgment in W.P.(C).No.3396/2023, this writ

petition is dismissed.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 9988 OF 2023

APPENDIX OF WP(C) 9988/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SHORT TENDER NOTICE NO.99/2022-23/KWA/PHC/TVLA(RT-1) DATED 27.1.2023 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE TENDER CONDITIONS:

PART-I PUBLISHED ALONG WITH EXT.P1.

EXHIBIT P3 TRUE COPY OF THE TENDER CONDITIONS:

PART -II, PUBLISHED ALONG WITH EXT.P1.

EXHIBIT P4 TRUE COPY OF THE FORMAT Q1 TO Q8 PUBLISHED ALONG WITH THE NOTICE INVITING TENDER.

EXHIBIT P5 TRUE COPY OF THE SOLVENCY CERTIFICATE DATED 20.10.2022 PRODUCED BY THE 4TH AND 5TH RESPONDENTS.

EXHIBIT P6 TRUE COPY OF THE PRE QUALIFICATION PROCEEDINGS (PROVISIONAL) DATED 9.3.2023 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 13.3.2023 ISSUED BY THE 3RD RESPONDENT, PRE QUALIFYING THE 4TH AND 5TH RESPONDENTS TOO, AS JOINT VENTURE, ALONG WITH THE PETITIONER AND TWO OTHERS.

EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED 15.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 16.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 6.9.2022 WP(C) NO. 9988 OF 2023

ISSUED BY THE SUPERINTENDING ENGINEER, KWA, PH CIRCLE, KANNUR, REJECTING THE BID SUBMITTED BY M/S.TD & A INFRASTRUCTURE PVT. LTD.

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 2.9.2022 ISSUED BY THE SUPERINTENDING ENGINEER, KWA, PH CIRCLE, PALAKKAD, REJECTING THE BID SUBMITTED BY M/S. MT CONSTRUCTION COMPANY.

EXHIBIT P12 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 1.2.2023 IN W.P.(C) NO.3396/2023.

EXHIBIT P13 TRUE COPY OF THE TENDER SUMMARY REPORT DATED 5.4.2023 PUBLISHED BY THE GOVERNMENT OF KERALA.