Kerala High Court
Baab Construction India Pvt Ltd vs The Project Director on 28 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 7074 OF 2024
PETITIONER:
IRIKKUR CONSTRUCTION COMPANY
REPRESENTED BY ITS MANAGING PARTNER MH TOWER,
IRIKKUR P.O., IRIKKUR, KANNUR, PIN - 670 593
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
NAMITHA K.M.
VINEETHA BOSE
RESPONDENTS:
1 THE PROJECT DIRECTOR
KERALA ROAD FUND BOARD, BSNL BUILDING,
PMG JUNCTION, TRIVANDRUM, PIN - 695 003
2 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED
MADAPPALLI COLLEGE P.O., VADAKARA, KOZHIKODE
REPRESENTED BY ITS CHAIRMAN, PIN - 673 102
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
BY ADVS.
M.SASINDRAN
SHRI.S.KANNAN, SENIOR G.P.(GP-49)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, ALONG WITH WP(C).20252/2023, 6033/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7074 OF 2024 & con.cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 20252 OF 2023
PETITIONER:
IRIKKUR CONSTRUCTION COMPANY
MH TOWER, IRIKKUR P.O., KANNUR -
REPRESENTED BY ITS MANAGING PARTNER, PIN - 670 593
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
NAMITHA K.M.
RESPONDENTS:
1 SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT BRIDGES CIRCLE KOZHIKODE,
KOZHIKODE, PIN - 673 016
2 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED
MADAPPALLI COLLEGE P.O., VADAKARA, KOZHIKODE - ,
REPRESENTED BY ITS CHAIRMAN, PIN - 673 102
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -PIN - 695 001
BY ADVS.
M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, ALONG WITH WP(C).7074/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7074 OF 2024 & con.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 6033 OF 2024
PETITIONER:
BAAB CONSTRUCTION INDIA PVT LTD.
1ST FLOOR, ANIRUDHA PLAZA, SANTHI NAGAR, GOA
REPRESENTED BY ITS MANAGING PARTNER, PIN - 403 401
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
LEKSHMI P. NAIR
NAMITHA K.M.s
VINEETHA BOSE
RESPONDENTS:
1 THE PROJECT DIRECTOR,
KERALA ROAD FUND BOARD, BSNL BUILDING,
PMG JUNCTION, TRIVANDRUM, PIN - 695 003
2 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED
MADAPPALLI COLLEGE P.O., VADAKARA, KOZHIKODE
REPRESENTED BY ITS CHAIRMAN, PIN - 673 102
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
BY ADVS.
M.SASINDRAN
SHRI.S.KANNAN, SENIOR G.P.(GP-49)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, ALONG WITH WP(C).7074/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7074 OF 2024 & con.cases
4
T.R.RAVI.J
-------------------------------------------------------
WP(C) Nos.7074, 6033 of 2024 and 20252 of 2023
--------------------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
When the cases were taken up, it is submitted by
counsel on either side that the matter has become final
by the judgment of a Division Bench of this Court in
Cherian Varkey Construction Company (Pvt) Ltd v. State
of Kerala [2024 (3) KHC 305] wherein the Division Bench
has upheld the Government Orders whereby preference
was granted to labor societies up to 10% over the quoted
amount of the lowest tender.
In view of the judgment of the Division Bench,
nothing survives in these writ petitions and the writ
petitions are dismissed and the parties will be governed
by the judgment in Cherian Varkey Construction
WP(C) NO. 7074 OF 2024 & con.cases
Company (Pvt) Ltd v. State of Kerala [2024 (3) KHC
305].
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 7074 OF 2024 & con.cases
APPENDIX OF WP(C) 20252/2023
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE NOTICE INVITING TENDER
PUBLISHED BY THE FIRST RESPONDENT DATED
03/05/2023
Exhibit P-1(a) TRUE COPY OF THE BID DOCUMENT THAT FORMS PART
OF THE NOTICE INVITING TENDER DATED NIL
Exhibit P-2 TRUE COPY OF THE TENDER SUMMARY REPORT AT THE
TECHNICAL STAGE DATED 17/06/2023
Exhibit P-3 TRUE COPY OF THE TENDER SUMMARY DETAILS AT
THE FINANCIAL STAGE DATED NIL
Exhibit P-4 TRUE COPY OF THE GOVERNMENT ORDER
GO(MS).NO.41/2020/PWD DATED 19/03/2020
Exhibit P-5 TRUE COPY OF THE GOVERNMENT ORDER DATED
09/02/2021
Exhibit P-6 TRUE COPY OF GO(MS).NO.21/2022/PWD DATED
29/07/2022
Exhibit P-7 TRUE COPY OF COMMON JUDGMENT IN W.P.
(C)NO.24162/2022 DATED 23/11/2022
Exhibit P-8 TRUE COPY OF THE JUDGMENT RENDERED BY THE
DIVISION BENCH OF THIS HON'BLE COURT IN
W.A.NO.132/2023 DATED 31/01/2023
Exhibit P-9 TRUE COPY OF THE INTERIM ORDER ISSUED BY THE
HON'BLE SUPREME COURT IN SLP NO. 3033/2023
DATED 17/02/2023
Exhibit P-10 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN W.P(C)NO.16780/2023 DATED
26/05/2023
Exhibit P-11 TRUE COPY OF THE REGISTRATION CERTIFICATE
PRODUCED BY THE SECOND RESPONDENT ALONG WITH
THE BID SUBMITTED BY THEM DATED 13/02/1925
Exhibit P12 A TRUE COPY OF THE GO(MS) NO.135/ 97/CO-OP
DATED 13/11/1997
Exhibit P13 A TRUE COPY OF THE GO (MS) NO. 44/04/PWD
DATED 19/03/2004
Exhibit P14 A TRUE COPY OF THE GO(RT) NO.568/2020/CO.OP
DATED 04/11/2020
RESPONDENT'S EXHIBITS
EXHIBIT R2(A) A TRUE COPY OF THE G.O.(MS)NO. 135/97/CO-
OPERATIVE DATED 13.11.1997
WP(C) NO. 7074 OF 2024 & con.cases
EXHIBIT R2(B) A TRUE COPY OF THE G.O.(MS) NO.44/01/PWD
DATED 19-03-2004
EXHIBIT R2(C) A TRUE COPY OF THE G.O.(MS) NO.
181/08/CO.OPERATIVE DATED 02-08-2008
EXHIBIT R2(D) A TRUE COPY OF THE G.O (M.S) 568/2020/CO-
OPERATIVE DATED 4/11/2020
EXHIBIT R2(E) A TRUE COPY OF THE JUDGMENT DATED 17-11-2020
IN W.P.(C) NO.3760 OF 2020
EXHIBIT R2(F) A TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED TO THE 2ND RESPONDENT DATED 03-01-2020
EXHIBIT R2(G) A TRUE COPY OF THE CONTRACTORS REGISTRATION
CARD ISSUED TO THE 2ND RESPONDENT DATED 20-
03-2023
WP(C) NO. 7074 OF 2024 & con.cases
APPENDIX OF WP(C) 6033/2024
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE NOTICE INVITING TENDER
PUBLISHED BY THE FIRST RESPONDENT DATED
19/12/2023
Exhibit P-2 TRUE COPY OF THE BID DOCUMENT ISSUED BY THE
FIRST RESPONDENT FOR THE WORK NAMELY KIIFB-
IMPROVEMENT OF HILL HIGHWAY KUNHOME-
NIRAVILAPUZHA -MOOONAKAI- THOTTILPALAM- PART
1-KUNHOME-CHUNKAKUTTY IN WAYANAD DISTRICT-
STRECH' DATED NIL
Exhibit P-3 TRUE COPY OF THE TENDER SUMMARY REPORT AT THE
TECHNICAL STAGE DATED 22/01/2024
Exhibit P-4 TRUE COPY OF THE BOQ SUMMARY DETAILS DATED
NIL
Exhibit P-5 TRUE COPY OF THE GO (MS) NUMBER 41/2020/PWD
DATED 19/03/2020
Exhibit P-6 TRUE COPY OF THE G.O.(MS) NO.135/ 97/CO-OP
DATED 13/11/1997
Exhibit P-7 TRUE COPY OF THE GO (MS) NO. 44/04/PWD DATED
19/03/2004
Exhibit P-8 TRUE COPY OF THE JUDGMENT IN WP(C) 13449/2004
DATED 21/05/2012
Exhibit P-9 TRUE COPY OF THE G.O(RT) NO.568/2020/CO.OP
DATED 04/11/2020
Exhibit P-10 TRUE COPY OF THE GOVERNMENT ORDER DATED
09/02/2021
Exhibit P-11 TRUE COPY OF GO(MS).NO.21/2022/PWD DATED
29/07/2022
Exhibit P-12 TRUE COPY OF COMMON JUDGMENT IN W.P.
(C)NO.24162/2022 DATED 23/11/2022
Exhibit P-13 TRUE COPY OF THE JUDGMENT RENDERED BY THE
DIVISION BENCH OF THIS HON'BLE COURT IN
W.A.NO.132/2023 DATED 31/01/2023
Exhibit P-14 TRUE COPY OF THE INTERIM -ORDER ISSUED BY THE
HON'BLE SUPREME COURT IN SLP NO. 3033/2023
DATED 17/02/2023
Exhibit P-15 TRUE COPY OF INTERIM ORDER ISSUED BY THIS
HON'BLE COURT IN WPC 16780/2023 DATED
26/05/2023
WP(C) NO. 7074 OF 2024 & con.cases
APPENDIX OF WP(C) 7074/2024
PETITIONER'S EXHIBITS
Exhibit P-1 A TRUE COPY OF THE NOTICE INVITING TENDER
PUBLISHED BY THE FIRST RESPONDENT DATED
22/01/2024 .
Exhibit P-2 A TRUE COPY OF THE BID DOCUMENT ISSUED BY THE
FIRST RESPONDENT FOR THE WORK NAMELY 'KIFB-
2017-2018- HILLWAY-2ND PHASE KALPETTA
CONSTITUENCY - PACHILAKKAD-KAINATTY KALPATTA
BYEPASS- MEPPADI - CHOORLAMALA-ARUNAPPUZHA IN
WAYANAD DISTRICT - BALANCE WORK '
Exhibit P-3 A TRUE COPY OF THE TENDER SUMMARY REPORT AT THE
TECHNICAL STAGE UPDATED ON 19/02/2024
Exhibit P-4 A TRUE COPY OF THE BOQ SUMMARY DETAILS.
Exhibit P-5 . A TRUE COPY OF THE GO (MS) NUMBER 41/2020/PWD
DATED 19/03/2020.
Exhibit P-6 A TRUE COPY OF THE G.O.(MS) NO.135/ 97/CO-OP
DATED 13/11/1997.
Exhibit P-7 A TRUE COPY OF THE GO (MS) NO. 44/04/PWD DATED
19/03/2004.
Exhibit P-8 A TRUE COPY OF THE JUDGMENT DATED 21/05/2012 IN
WP(C) 13449/2004.
Exhibit P-9 . A TRUE COPY OF THE G.O(RT) NO.568/2020/CO.OP
DATED 04/11/2020.
Exhibit P-10 A TRUE COPY OF THE GOVERNMENT ORDER DATED
09/02/2021
Exhibit P-11 A TRUE COPY OF GO(MS).NO.21/2022/PWD DATED
29/07/2022.
Exhibit P-12 TRUE COPY OF COMMON JUDGMENT IN W.P.
(C)NO.24162/2022 DATED 23/11/2022
Exhibit P-13 A TRUE COPY OF THE JUDGMENT RENDERED BY THE
DIVISION BENCH OF THIS HON'BLE COURT IN
W.A.NO.132/2023 DATED 31/01/2023.
Exhibit P-14 A TRUE COPY OF THE INTERIM -ORDER ISSUED BY THE
HON'BLE SUPREME COURT IN SLP NO. 3033/2023 DATED
17/02/2023.
Exhibit P-15 A TRUE COPY OF INTERIM ORDER DATED 26/05/2023
ISSUED BY THIS HON'BLE COURT IN WPC 16780/2023.
