Kerala High Court
Irikkur Construction Company vs State Of Kerala on 7 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
WA NO. 1395 OF 2024
AGAINST JUDGMENT DATED 04/09/2024 IN WP(C) 30996/2024 OF THIS COURT
APPELLANT(S)/PETITIONER:
IRIKKUR CONSTRUCTION COMPANY, MH TOWER, IRIKKUR P.O., IRUKKUR,
KANNUR REPRESENTED BY ITS AUTHORISED SIGNATORY, PIN - 670593
BY ADVS.M/S.DEEPU THANKAN, UMMUL FIDA, LAKSHMI SREEDHAR, LEKSHMI P. NAIR,
VINEETHA BOSE, CINDIA S. & GAYATHRI G.
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC
WORKS DEPARTMENT , GOVERNMENT SECRETARIAT, THRIVANANATHAPURAM, PIN -
695001
2. THE PROJECT DIRECTOR, KERALA ROAD FUND BOARD, BSNL BUILDING, PMG
JUNCTION, TRIVANDRUM , PIN - 695003
3. URALUNGALLABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED, MADAPPALLI
COLLEGE P.O., VADAKARA, KOZHIKODE , REPRESENTED BY ITS CHAIRMAN, PIN
- 673102
BY SRI V TEKCHAND, SENIOR GOVERNMENT PLEADER FOR R1
ADV.SRI.M.SASINDRAN FOR R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the execution of the works by the third respondent namely 'KIIFB
Improvement and providing DBM and BC to ETC - Poomangalam - Mazhoor -
Panniyoor - Kalikkadavu -Padappengadu - Madakkadu Road (Km 0/000213/551
first reach) in Kannur District' for pending the disposal of this writ
appeal.
This Writ Appeal again coming on for orders on 07/11/2024 upon
perusing the appeal memorandum and this court's order dated
11/09/2024, the court on the same day passed the following:
NITIN JAMDAR, C.J. & S. MANU, J.
------------------------------------------------
W.A. No.1395 of 2024
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Dated this the 7th day of November, 2024
ORDER
Nitin Jamdar, C.J.
Heard Mr. Deepu Thankan, learned counsel for the Appellant/
Original Petitioner, Mr. V. Tekchand, learned Senior Government
Pleader for Respondent No.1 and Mr. M. Sasindran, learned counsel
for Respondent No.3.
2. The main ground on which the Appellant/Original Petitioner is
seeking to question the award of tender to the Respondent No.3 is on
the basis of circulars issued by the Central Vigilance Commission.
3. According to the State and the learned counsel for Respondent
No.3, these circulars are not binding on them.
4. The learned counsel for the Appellant seeks time to place before
us the statutory framework under which the circulars issued by the
Central Vigilance Commission would automatically bind on all
authorities on the State, without the State specifically adopting them.
At his request, to do further research on the subject, the hearing of this
Appeal is deferred for a period of two weeks.
5. Post on 21 November 2024. Additional compilations, if any, to
be served on the learned counsel appearing for the Respondents and
the learned Senior Government Pleader, in advance.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S. MANU
JUDGE
Jvt
07-11-2024 /True Copy/ Assistant Registrar
