Kerala High Court
Galaxy Builders vs The State Of Kerala on 1 August, 2024
WP(C) NO. 26800 of 2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 26800 OF 2016
PETITIONER:
GALAXY BUILDERS
TC 47/2873(1), PALAZHI, MUDAVANAMUGAL, POOJAPPURA P.O.,
THIRUVANANTHAPURAM-695013, REPRESENTED BY THE PROJECT
MANAGER, V.GOPALAKRISHNAN, POWER OF ATTORNEY HOLDER.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE KERALA RURAL WATER SUPPLY AND SANITATION AGENCY
JALANIDHI, 3RD FLOOR, PTC TOWERS, S.S.KOVIL ROAD,
THAMPANOOR, THIRUVANANTHAPURAM-695001.
3 THE SECRETARY
SCHEME LEVEL EXECUTIVE COMMITTEE (SLEC), PANANCHERY,
THRISSUR.
4 THE DIRECTOR TECHNICAL
THE KERALA RURAL WATER SUPPLY AND SANITATION AGENCY
(JALANIDHI), 3RD FLOOR, PTC TOWERS, S.S.KOVIL ROAD,
THAMPANOOR, THIRUVANANTHAPURAM-695001.
5 THE DIRECTOR OPERATIONS
THE KERALA RURAL WATER SUPPLY AND SANITATION
AGENCY(JALANIDHI), 3RD FLOOR, PTC TOWERS,
S.S.KOVIL ROAD,THAMPANOOR, THIRUVANANTHAPURAM-695001.
6 THE INSTITUTE OF ENGINEERS INDIA
KERALA STATE CENTRE, VISVESWARAYA BHAVAN, OPPOSITE
KANAKKAKUNNU PALACE, THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS CHAIRMAN.
BY ADV SRI.D.KISHORE
SMT.RESHMI K.M -SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26800 of 2016
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EASWARAN S., J.
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W.P.(C.) No. 26800 of 2016
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Dated this the 1st day of August, 2024
JUDGMENT
When the matter was taken up for consideration on
31.07.2024, there was no appearance for the petitioners. Hence,
the matter was posted today. Today also there is no representation
for writ petitioners. Accordingly, the writ petition is dismissed for
default.
Sd/-
EASWARAN S.
JUDGE
sjb
WP(C) NO. 26800 of 2016
2024:KER:7592
APPENDIX OF WP(C) 26800/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACTS OF THE BID
DOCUMENT ISSUED TO THE PETITIONER ON 17-5-2006 FOR
THE WORK PACKAGE-II
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 25-9-2006
ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT FOR
THE WORK PACKAGE-II.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 25-9-2006 EXECUTED
BY THE PETITIONER AND THE RESPONDENTS FOR THE WORK
PACKAGE-II.
EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACTS OF THE BID
DOCUMENT ISSUED TO THE PETITIONER ON 17-5-2006 FOR
THE WORK PACKAGE-III.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 25-9-2006
ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT FOR
THE WORK PACKAGE-III.
EXHIBIT P6 TRUE COPY OF THE AGREEMENT DATED 25-9-2006 EXECUTED
BY THE PETITIONER AND THE RESPONDENTS FOR THE WORK
PACKAGE-III.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 9-9-2010 IN WPC NO.
28031/2010 PASSED BY THIS HON'BLE COURT.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 6-10-2010 ISSUED TO
THE PETITIONER BY THE DIRECTOR, OPERATION,
JALANIDHI.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 18-11-2015 IN WPC
NO. 3592/2011 OF THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 19-12-2015 PASSED BY
THE JALANIDHI.
EXHIBIT P11 TRUE COPY OF THE INVITATION LETTER FOR THE
INAUGURATION OF THE COMMISSIONING OF THE PROJECT
DATED 4-6-2010 ISSUED BY THE JALANIDHI.
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EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 2-3-2016
SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 4-3-2016
SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 16-3-2016 IN WPC NO.
10113/2016 OF THIS HON'BLE COURT.
EXHIBIT P15 TRUE COPY OF REPRESENTATION DATED 7-4-2016 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE LETTER DATED 12-4-2016 OF THE
CHAIRMAN OF INSTITUTE OF ENGINEERS (INDIA) KERALA
CHAPTER.
EXHIBIT P17 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED
21-5-2016.
EXHIBIT P18 TRUE COPY OF THE LETTER DATED 15.01.2007 ADDRESSED
TO THE 3RD RESPONDENT,SECRETARY, SLEC, PANANCHERRY.
EXHIBIT P19 TRUE COPY OF THE LETTER DATED 11.09.2007 ADDRESSED
TO THE 4TH RESPONDENT, DIRECTOR (TECHNICAL), KRWSA,
KOZHIKODE.
EXHIBIT P20 TRUE COPY OF THE MINUTES OF THE MEETING HELD BY 4TH
RESPONDENT ON 31.08.2006.
EXHIBIT P21 TRUE COPY OF THE MINUTES OF THE REVIEW MEETING HELD
ON 27.03.2009 AT DPMU, THRISSUR.
EXHIBIT P22 TRUE COPY OF THE MINUTES OF THE G.P. LEVEL REVIEW
MEETING ON PANANCHERRY W.S.S. HELD ON 13.5.2009 AT
DPMU, THRISSUR.
EXHIBIT P23 TRUE COPY OF THE REPRESENTATION DATED 08.02.2010
SUBMITTED TO THE 2ND RESPONDENT.
EXHIBIT P24 TRUE COPY OF THE MINUTES OF THE MEETING HELD BY THE
1ST RESPONDENT IN GOVT. SECRETARIAT,
THIRUVANANTHAPURAM ON 31.07.2010.
EXHIBIT P25 TRUE COPY OF THE MINUTES OF THE MEETING HELD AT
THRISSUR ON 07.02.2008.
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RESPODENTS EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE LETTER DATED 29.11.2007
ISSUED BY THE DIRECTOR TECHNICAL KRWSA.
EXHIBIT R2(b) TRUE COPY OF THE OFFICE LETTR DATED
08.09.2007 ISSUED BY THE TECHNICAL
CONSULTANT.
EXHIBIT R2(c) TRUE COPY OF THE OFFICE LETTER NO. KRWSA/
ODT/CWSS/PNCY/TSSR/2005 DATED 07.12.2007
ISSUED BY THE KRWSA.
EXHIBIT R2(d) TRUE COPY OF THE LETTER ISSUED TO PETITIONER
27.03.2010.
EXHIBIT R2(e) TRUE COPY OF THE LETTER DATED 26.03.2010
ADDRESSED TO HON'BLE MINISTER (WR).
EXHIBIT R2(f) TRUE COPY OF THE LETTER DATED 27.12.2010
RECEIVED FROM SLEC REGARDING THE DEFECTS AND
THE DEFICIENCY IN THE WORK BY PETITIONER.
EXHIBIT R2(g) TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 30.09.2010.
//TRUE COPY// PA TO JUDGE
