Kerala High Court
M/S Vijay Constructions vs Chief Engineer (Nw) on 31 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.16517/2022 1/3 Order Date : 31-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
WP(C) NO. 16517 OF 2022
PETITIONER:
M/S VIJAY CONSTRUCTIONS MYKULANGARA, KINGINIMATTOM P.O., KOLENCHERY,
KERALA, REPRESENTED BY ITS MANAGING PARTNER, M.P.ITTOOP, PI -682311
RESPONDENTS:
1. CHIEF ENGINEER (NW), MILITARY ENGINEER SERVICE, NAVAL BASE P.O.,
KOCHI, PIN - 682004
2. GARRISON ENGINEER (P) KATARIBAGH, KOCHI, PIN-682004
3. CONTROLLER OF DEFENSE ACCOUNTS (ENGINEERING SECTION) NO. 618, ANNA
SALAI, TYNAMPET, CHENNAI, PIN-600018
4. ACCOUNT OFFICER, OFFICE OF THE CHIEF ENGINEER (NW), MILITARY
ENGINEER SERVICE, NAVAL BASE P.O., KOCHI, PIN-682004
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibits P-12 & P-13 in so far as it
concerns the petitioner with respect of tenders covered by Exhibit P-3 &
P-4, pending disposal of the writ petition (c).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
25.05.2022 and upon hearing the arguments of M/S DEEPU THANKAN, UMMUL
FIDA, LAKSHMI SREEDHAR, R.RAJANANDINI MENON & SHAHNAS K.P, Advocates for
the petitioner and of SRI.DINESH R.SHENOY, CENTRAL GOVERNMENT COUNSEL for
the respondents, the court passed the following:
WP(C) No.16517/2022 2/3 Order Date : 31-05-2024
MURALI PURUSHOTHAMAN, J.
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W.P (C) No.16517 of 2022
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Dated this the 31st day of May, 2024
O R D E R
Interim order shall stand revived and extended for a
period of one month.
Post on 11.06.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.16517/2022 3/3 Order Date : 31-05-2024
APPENDIX OF WP(C) 16517/2022
Exhibit P-1 TRUE COPY OF THE EXTRACT OF THE NOTICE INVITING TENDER
ISSUED BY THE SECOND RESPONDENT DATED 23/03/2016
Exhibit P-2 TRUE COPY OF THE EXTRACT OF THE NOTICE INVITING TENDER
ISSUED BY THE SECOND RESPONDENT DATED 9/11/2016
Exhibit P-3 TRUE COPY OF THE LETTER OF THE FIRST RESPONDENT
AWARDING THE CONTRACTS TO THE PETITIONER DATED
20/06/2017
Exhibit P-4 TRUE COPY OF THE LETTER OF THE FIRST RESPONDENT
AWARDING THE CONTRACTS TO THE PETITIONER DATED
14/06/2017
Exhibit P-5 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 5/07/2021
Exhibit P-6 TRUE COPY OF THE COMPLETION CERTIFICATE DATED
28/04/2021
Exhibit P-7 TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION BEARING
NO. 11/2017(CENTRAL) DATED 28/06/2017
Exhibit P-8 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION
BEARING NO. G.O.(P)NO.72/2017/TAXES DATED 30/06/2017
Exhibit P-9 TRUE COPY OF THE NOTIFICATION BEARING NO. 20/2017
ISSUED BY THE CENTRAL GOVERNMENT DATED 22/08/2017
Exhibit P-10 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION NO.
G.O.(P)NO.136/2017/TAXES DATED 09/11/2017
Exhibit P-11 TRUE COPY OF THE SAID JUDGMENT OF THIS HON'BLE COURT IN
W.P.(C) NO. 22728/2019 (JAIN BUILDERS VS. CHIEF
ENGINEER (NW)) DATED 28/10/2019
Exhibit P-12 TRUE COPY OF THE LETTER OF THE THIRD RESPONDENT TO THE
FOURTH RESPONDENT DATED 18/02/2022
Exhibit P-13 TRUE COPY OF THE LETTER OF THE FOURTH RESPONDENT TO THE
SECOND RESPONDENT DATED 05/04/2022
Exhibit P-14 TRUE COPY OF THE COMMUNICATION NO.8161/1399/E8 DATED
06/05/2022
Exhibit P-15 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER DATED 18/05/2022
Exhibit P-16 A TRUE COPY OF THE LETTER DATED 14/03/2024
