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M.V. Vishwanathan vs The Kerala Water Authority
2025 Latest Caselaw 1055 Ker

Citation : 2025 Latest Caselaw 1055 Ker
Judgement Date : 16 July, 2025

Kerala High Court

M.V. Vishwanathan vs The Kerala Water Authority on 16 July, 2025

Author: N. Nagaresh
Bench: N.Nagaresh
                                                        2025:KER:52286


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

     WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947

                       WP(C) NO. 39836 OF 2024

PETITIONER:

          M.V. VISHWANATHAN,
          AGED 63 YEARS
          S/O. VELAYUDHAN PILLAI MECHERIL HOUSE,
          EDAYAR BINANIPURAM P.O, ALUVA
          ERNAKULAM DISTRICT., PIN - 683502


          BY ADVS.
          SRI.ALIAS M.CHERIAN
          SRI.K.M.RAPHY
          SHRI.BRISTO S PARIYARAM
          SMT.AMEERA JOJO
          SMT.MINNU DARWIN



RESPONDENTS:



    1     THE KERALA WATER AUTHORITY
          HEAD OFFICE, JALABHAVAN THIRUVANATHAPURAM,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          PIN - 695033

    2     THE CHIEF ENGINEER (CENTRAL REGION)
          KERALA WATER AUTHORITY HOSPITAL ROAD,
          ERNAKULAM, PIN - 682011

    3     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY P.H. CIRCLE,
          AALAPUZHA,, PIN - 688001
                                             2025:KER:52286
W.P.(C) Nos.39836/2024 & 14314/2025
                                      :2:


    4     CHIEF LAW OFFICER
          KERALA WATER AUTHORITY, HEAD OFFICE,
          JALABHAVAN, THIRUVANATHAPURAM,
          PIN - 695033

    5     M/S. KOYA & COMPANY CONSTRUCTION LTD
          REGISTERED OFFICE AT 12-2-831/38 72 MIGH,
          MEHDIPATNAM HYDERABAD, REPRESENTED BY ITS
          MANAGING DIRECTOR, PIN - 500028

    6     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY P.H. CIRCLE,
          ERNAKULAM,, PIN - 682011

    7     THE CHIEF ENGINEER (SOUTHERN REGION)
          KERALA WATER AUTHORITY HEAD OFFICE,
          JALABHAVAN, THIRUVANATHAPURAM,
          PIN - 695033

    8     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY P.H. CIRCLE,
          KOLLAM, PIN - 691001

* ADDL.9 RAMESH CHENNITHALA MLA,
         AGED 69 YEARS
         S/O. LATE RAMAKRISHNA PILLA, MEMBER,
         KERALA LEGISLATIVE ASSEMBLY, RESIDING AT 485,
         ANANDAMANDIRAM, NEAR SUBRAMANIA SWAMY TEMPLE,
         28, HARIPPAD, ALAPPUZHA DISTRICT - 690514.

          (ADDITIONAL 9TH RESPONDENT IS IMPLEADED AS PER
          ORDER DATED 16.07.2025 IN IA.2/2025)


          BY ADVS.
          SHRI.GEORGIE JOHNY, SC, KERALA WATER AUTHORITY
          SRI.P.SHANES METHAR
          SMT.NISHA GEORGE
          SHRI.N.KRISHNA PRASAD
          SHRI.A.MOHAMMED FAIZAL
          SHRI.ARJUN P.V.
          SHRI.HARKISH SREETHU V.S.
          SRI.GEORGE POONTHOTTAM (SR.)
          SRI.A.L.NAVANEETH KRISHNAN
                                             2025:KER:52286
W.P.(C) Nos.39836/2024 & 14314/2025
                                      :3:




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 13.06.2025, ALONG WITH WP(C).14314/2025, THE
COURT ON 16.07.2025 DELIVERED THE FOLLOWING:
                                               2025:KER:52286
W.P.(C) Nos.39836/2024 & 14314/2025
                                      :4:



         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947

                    WP(C) NO. 14314 OF 2025

PETITIONER:

          M.V. VISHWANATHAN
          AGED 63 YEARS
          S/O. VELAYUDHAN PILLAI
          MECHERIL HOUSE, EDAYAR BINANIPURAM P.O,
          ALUVA, ERNAKULAM DISTRICT, PIN - 683502


          BY ADVS.
          SRI.ALIAS M.CHERIAN
          SRI.K.M.RAPHY
          SHRI.BRISTO S PARIYARAM
          SMT.MINNU DARWIN
          SMT.RESHMA RAJESH



RESPONDENTS:



    1     THE KERALA WATER AUTHORITY
          HEAD OFFICE, JALABHAVAN, THIRUVANATHAPURAM
          REPRESENTED BY ITS MANAGING DIRECTOR,
          PIN - 695033

    2     THE CHIEF ENGINEER (CENTRAL REGION)
          KERALA WATER AUTHORITY, HOSPITAL ROAD,
          ERNAKULAM, PIN - 682011

    3     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY P.H. CIRCLE,
                                             2025:KER:52286
W.P.(C) Nos.39836/2024 & 14314/2025
                                      :5:


          THRISSUR, PIN - 680001

    4     CHIEF LAW OFFICER
          KERALA WATER AUTHORITY, HEAD OFFICE,
          JALABHAVAN
          THIRUVANATHAPURAM, PIN - 695033

    5     M/S. KOYA & COMPANY CONSTRUCTION LTD
          REGISTERED OFFICE AT 12-2-831/38 72 MIGH,
          MEHDIPATNAM HYDERABAD
          REPRESENTED BY ITS MANAGING DIRECTOR,
          PIN - 500028


          BY ADVS.
          SRI.P.SHANES METHAR
          SHRI.N.KRISHNA PRASAD
          SHRI.A.MOHAMMED FAIZAL
          SHRI.ARJUN P.V.
          SHRI.HARKISH SREETHU V.S.
          SRI. GEORGE JOHNY


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 13.06.2025, ALONG WITH WP(C).39836/2024, THE
COURT ON 16.07.2025 DELIVERED THE FOLLOWING:
                                                               2025:KER:52286
W.P.(C) Nos.39836/2024 & 14314/2025
                                            :6:




                           N. NAGARESH, J.

        `````````````````````````````````````````````````````````````
       W.P.(C) Nos.39836 of 2024 and 14314 of 2025

          `````````````````````````````````````````````````````````````
                Dated this the 16th day of July, 2025


                            JUDGMENT

~~~~~~~~~

Petitioner is a licenced contractor of Kerala

Water Authority. The petitioner seeks to declare that the

reasons for disqualification of the petitioner as projected by

the respondents are illegal, unconstitutional and void. In

W.P.(C) No.39836/2024, the petitioner seeks to direct the

respondents 1 to 4 and 6 to 8 to consider the bid of the

petitioner for certain contract works.

2. The Kerala Water Authority (KWA) invited a

tender for work called "JJM - CWSS to Haripad and

adjoining Panchayats - Phase II - supplying and laying of

800 mm spirally welded MS pipe 10 mm, etc." as per Ext.P1.

2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

The petitioner came out as the lowest tenderer. The

petitioner received Ext.P2 letter dated 02.11.2023 informing

that a complaint is received from the 5th respondent-tenderer

against awarding contract to the petitioner. As per Ext.P3

complaint, in the year 2021, a work was awarded to a Joint

Venture wherein the petitioner was a partner. The Joint

Venture company failed to execute the work. Failure to

execute work is a disqualification. The petitioner being a

partner of the Joint Venture that failed to execute the work,

he is disqualified from entering into any further contract with

the Kerala Water Authority.

3. The petitioner submitted Ext.P4 reply. The

petitioner stated that he was never blacklisted. There were

no proceedings against the petitioner. The petitioner is

carrying out five works of the KWA at present. The petitioner

states that M/s. Annai Infrastructure Developers Private

Limited is a company in which the petitioner had only a minor

share. It is that company which could not execute the work.

2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

Non-execution of the agreement by a Joint Venture company

cannot be put upon the shoulders of the petitioner. About

five works were subsequently awarded to the petitioner by

the KWA.

4. The 2nd respondent-Chief Engineer sought

legal opinion. The 4th respondent-Chief Law Officer gave

Ext.P13 opinion stating that the petitioner is liable to be

disqualified. The petitioner states that the legal opinion is

incorrect. The 4th respondent to give the opinion, had relied

on Clause No.7.18.4 of Ext.P14 NIT conditions. The

petitioner was never personally served with any notice. As

regards the present Tender, the 5th respondent raised the

complaint after opening the bid and knowing that the

petitioner is the lowest bidder. The decision of the 2 nd and 3rd

respondents to disqualify the petitioner is illegal.

5. The petitioner had filed W.P.(C)

No.222/2024. Before this Court, the KWA submitted that the

issue is pending before the 1st respondent and that a 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

decision will be taken after hearing the petitioner.

Consequently, the writ petition was disposed of as per

Ext.P16 judgment. In the meanwhile, the KWA invited tender

for the work "JJM - Nellikuzhy Panchayat - Package I". The

petitioner has been disqualified at the pre-qualification stage

as can be seen from Ext.P17 minutes. The petitioner

submitted Exts.P18 and P19 objections. The petitioner was

informed that the present decision is a consequence of the

decision already taken as per Ext.P15.

6. The KWA invited another tender for the

work "JJM - Augmentation of CWSS to Chithara and

adjoining Panchayat in Kollam District", as per Ext.P21. The

petitioner's Tender was again rejected at the pre-qualification

stage for the very same reason stated in Ext.P22. The

petitioner was further disqualified from another work, as per

Ext.P24. The petitioner again approached this Court filing

W.P.(C) No.33648/2024. The KWA, as per Ext.P28 minutes,

decided to disqualify the petitioner.

2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

7. The petitioner states that he has not been

blacklisted. Blacklisting of a contractor cannot be assumed.

It should be the outcome of an order passed by the

competent authority. Blacklisting can be done only after

giving an opportunity of hearing. Due to the non-execution of

work agreement by the Joint Venture company, no order of

blacklisting was passed. Only Earnest Money Deposit was

forfeited. The respondents therefore cannot take a stand

that the contractor / Annai Infrastructure Developers Private

Limited or its Joint Venture partner is blacklisted from

entering into any agreement with the KWA. The petitioner

filed W.P.(C) No.14314/2025 seeking to declare that Clause

7.4.1(iii) and Clause 7.18(4) in Ext.P14 / NIT conditions are

illegal and unconstitutional.

8. The respondents resisted the writ petition

filing counter affidavit. The 1st respondent stated that the

Joint Venture partner of M/s. Annai Infrastructure Developers

Private Limited failed to execute the agreement for laying of 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

a 1422 mm MS pipe from Neyyar Dam to PTP Nagar within

the stipulated or extended period. Consequently, the tender

was cancelled and EMD was forfeited.

9. As per Clause 7.4(1)(C) of the NIT and

Clause 10 of the detailed tender notice, all the partners of a

Joint Venture are jointly and severally responsible for the

execution and completion of the contract. The Joint Venture

agreement of M/s. Annai Infrastructure Developers Private

Limited also stipulates that the partners shall be jointly and

severally liable. Clause 7.18.4 of the NIT clearly stipulates

that the tender from contractors who are blacklisted or have

failed to complete work or have refrained from executing

agreements for awarded tenders, are liable to be rejected.

These clauses were included in public interest to ensure

timely completion of work and to avert loss of public

resources.

10. The petitioner who willingly participated in

the tender process, is now trying to challenge the tender 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

conditions. It is impermissible in law. Challenge against

Ext.P15, P17, P22, P24 and P28 is a futile exercise. The

petitioner has not pleaded any valid grounds to interfere with

the impugned orders. The writ petition is without any merit

and is liable to be dismissed.

11. I have heard the learned counsel for the

petitioner, the learned Standing Counsel representing

respondents 1 to 4, the learned counsel for the 5th

respondent and the learned Senior Counsel appearing for

the 9th respondent.

12. The petitioner, a licensed Contractor of

Kerala Water Authority, submitted tender for the work "JJM -

CWSS to Haripad and adjoining Panchayats - Phase II -

supplying and laying of 800 mm spirally welded MS pipe 10

mm. Etc." in response to Ext.P1 NIT. The petitioner was the

lowest tenderer. The petitioner was, however, informed that

he is disqualified for award of tender pursuant to Ext.P1.

2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

13. The petitioner was disqualified since a Joint

Venture company in which the petitioner was a share holder

failed to execute the work awarded to the Joint Venture. This

fact is not disputed. The contention of the petitioner is that

he was only a minor share holder of M/s. Annai Infrastructure

Developers Private Limited, which failed to execute the work.

There were proceedings against the petitioner. He was not

blacklisted with notice to him. Non-execution of the

agreement by a Joint Venture company cannot be a reason

to disqualify the petitioner in a subsequent contract. Even

after the failure of the said company to execute the contract,

the petitioner was awarded five works of the Kerala Water

Authority subsequently. The disqualification of the petitioner

from Ext.P1 work is therefore illegal and unjustified.

14. The question arising for consideration is

whether the petitioner can be disqualified from undertaking

Ext.P1 work when he is not blacklisted by the Kerala Water

Authority. To become eligible to undertake Ext.P1 work, the 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

petitioner has to satisfy the NIT conditions. Clause 7.18 of

Ext.P14 conditions of Tender reads as follows:

7.18 Offers are liable to be rejected if

1) The information given in formats Q1 to Q8 is incomplete / misleading or false (such application will be considered as non-responsive)

2) The facts are mis-represented. (in this case the EMD is liable to be forfeited).

3) The records of poor performance are found out at any time after submission of bid.

4) The contractors who are blacklisted or failed to complete the works, or refrained from executing the agreement and completing the work.

As per sub-clause of Clause 7.18, the offers of the

Contractors who are blacklisted or failed to complete the

works, or refrained from executing the agreement and

completing the work, are liable to be rejected. Clause 7.18

would show that a formal blacklisting of Contractor is not

required to reject a tender in such circumstances.

15. The further contention of the petitioner is

that it is the Joint Venture company which has failed to

execute the earlier work and the petitioner as an individual

Contractor cannot be disqualified for the failure of the Joint

Venture. In this regard, Clause 7.4.1(iii)(c) of NIT conditions 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

provides that in the cases of tenders by a Joint Venture, an

undertaking has to be given that all the partners of the Joint

Venture shall be jointly and severally responsible for the

execution of the contract in accordance with the terms and

conditions of the contract. If that be so, the respondents will

be justified in disqualifying the petitioner on the basis of the

failure of the Joint Venture. I do not find any illegality or

unconstitutionality in Clauses 7.4.1(iii)(c) or 7.18(4) of

Ext.P14 / NIT conditions (in W.P.(C) No.14314/2025)

justifying interference with the same.

For the afore reasons, I do not find any

illegality in the action of the respondents in disqualifying the

petitioner. The writ petitions are hence dismissed.

Sd/-

N. NAGARESH, JUDGE aks/15.07.2025 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

APPENDIX OF WP(C) 39836/2024

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 11/08/2023 PUBLISHED BY 1ST RESPONDENT Exhibit P-2. TRUE COPY OF THE LETTER NO.

KWA/JB/LS1/JAL JEEVAN/CWSS DATED 02/11/2023 ISSUED BY THE MANAGING DIRECTOR OR 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 20/09/2023 GIVEN BY 5TH RESPONDENT CONSTRUCTION LIMITED TO THE 2ND RESPONDENT Exhibit P-4 TRUE COPY OF REPLY DATED 10/11/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P-5 TRUE COPY OF THE Joint Venture AGREEMENT DATED 23/08/2020 EXECUTED BETWEEN THE ANNA INFRASTRUCTURE DEVELOPERS PVT LTD WITH THE PETITIONER Exhibit P-6 TRUE COPY OF THE PROCEEDINGS NO.

KWA/PHC- D2/5160/2017 DATED 30/03/2021 ISSUED BY THE SUPERINTENDING ENGINEER, PH CIRCLE THRIUVANANTHAPURAM Exhibit P-7 TRUE COPY OF PROCEEDINGS OF THE 3RD RESPONDENT BEARING NO.

KWA/PHC/ALP/DB/JJM-1433/20-21 DATED 05/11/2020 Exhibit P-8 TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDING ENGINEER, KOCHI BEARING NO. PHC/CHN/JJM/13573/2020 DATED 01/01/2021 Exhibit P-9 TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDING ENGINEER, THRISSUR BEARING NO. KWA/PHC/TSR/D1/3241/2020 DATED 18/06/2022 Exhibit P-10 TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDING ENGINEER, THRISSUR BEARING NO. KWA/PHC/TSR/D5/4877/2022 DATED 11/01/2023 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

Exhibit P-11 TRUE COPY OF THE AGREEMENT NO.

                     65/SE/PHC/TSR/2023-         24       DATED
                     08/11/2023    EXECUTED      BETWEEN    THE

SUPERINTENDING ENGINEER, THRISSUR AND THE PETITIONER Exhibit P-12 TRUE COPY OF THE LETTER NO.

KWA/CE/CR/D2/ALP/JJM/HARIPAD- RPM/3759/2023 DATED 05/10/2023 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit P-13 TRUE COPY OF THE LEGAL OPINION DATED 22/12/2023 GIVEN BY THE 4TH RESPONDENT.

Exhibit P-14 TRUE COPY OF RELEVANT PAGES OF THE NOTICE INVITING TENDER NO. 6/2020- 21/KWA/PHC/D2/TVM DATED 19/08/2020 Exhibit P-15 TRUE COPY OF MINUTES OF JJM TENDER COMMITTEE HELD IN THE OFFICE OF THE 2ND RESPONDENT ON 19/12/2023.

Exhibit P-16 TRUE COPY OF JUDGMENT DATED 09/01/2024 THE WRIT PETITION NO. 222 OF 2024 Exhibit P-17 TRUE COPY OF MINUTES OF JJM TENDER COMMITTEE HELD IN THE OFFICE OF THE 2ND RESPONDENT/CHIEF ENGINEER DATED 24/04/2024 Exhibit P-18 TRUE COPY OF OBJECTION BY LETTER REF:

MVV/SEPHC/T306/06/24 DATED 15/05/2024 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P-19 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BY LETTER REF:

MVV/SEPHC/T306/06/24 DATED 15/05/2024 BEFORE THE 6TH RESPONDENT Exhibit P-20 TRUE COPY OF THE REPLY TO EXT. P18 BY LETTER NO. KWA-CECR/KCHI/389/2024-D4 DATED 20/06/2024 ISSUED BY 2ND RESPONDENT.

Exhibit P-21 TRUE COPY OF TENDER NOTICE RETENDER NO. 21/2024-25/SE/Q DATED 13/06/2024 INVITED BY 8TH RESPONDENT Exhibit P-22 TRUE COPY OF THE MINUTES OF STC-TA HELD ON 13/08/2024 IN THE CHAMBER OF 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

THE CHIEF ENGINEER/7TH RESPONDENT Exhibit P-23 TRUE COPY OF OBJECTION BY LETTER REF:

MVV/SE/T21/07/24 DATED 17/08/2024 SUBMITTED BY PETITIONER BEFORE THE 8TH RESPONDENT.

Exhibit P-24 TRUE COPY OF ORDER NO.

KWA/PHC/ALP/DB2- 15772/JJM/2023 DATED 11/09/2024.

Exhibit P-25 TRUE COPY OF LETTER NO. KWA-

JB/3733/2023-AE-12 DATED 07/09/2024 ISSUED BY THE CHIEF ENGINEER Exhibit P-26 TRUE COPY OF THE LETTER REF NO:

MVV/CE/CHN/13/24 DATED 11/09/2024 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P-27 TRUE COPY OF THE INTERIM ORDER DATED 04/10/2024 IN WPC NO. 33648 OF 2024 PASSED BY THIS HON'BLE COURT Exhibit P-28 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 14/10/2024 IN THE PRESENCE OF THE MANAGING DIRECTOR OF THE 1ST RESPONDENT.

Exhibit P-29 TRUE COPY OF ELECTRONIC TENDER NOTICE NO. KWA/PHC/ALP/DB/KUTTANAD/2023 DATED 24/04/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P-30 TRUE COPY OF ELECTRONIC TENDER NOTICE NO. KWA/PHC/ALP/DB/KUTTANAD/2023 DATED 20/04/2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P-31         TRUE COPY OF ELECTRONIC TENDER NOTICE
                     NO.    16/20-      21/SE/PHC/PKD     DATED
                     24/08/2020        ISSUED       BY      THE

SUPERINTENDENT ENGINEER, PH CIRCLE PALAKKAD.

Exhibit P-32         TRUE COPY OF ELECTRONIC TENDER NOTICE
                     NO.    27/20-      21/SE/PHC/PKD     DATED
                     26/08/2020        ISSUED       BY      THE

SUPERINTENDENT ENGINEER, PH CIRCLE PALAKKAD 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

RESPONDENT'S ANNEXURES

Annexure 1 COPY OF THE LETTER ADDRESSED BY THE APPLICANT TO THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 25.04.2025.

Annexure 2 TRUE COPY OF THE COMMUNICATION NO.

KWA/ JB/LS3/39836/2024 DATED 28.04.2025 GIVEN BY THE MANAGING DIRECTOR TO THE APPLICANT IN RESPONSE TO ANNEXURE 1.

PETITIONER'S EXHIBITS

Exhibit.P33 A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO. 33/SE/PHCK/2020-21 DATED 21/01/2021.

Exhibit.P34 A TRUE COPY OF THE LETTER NO.

                     KWA/PHC/TSR/D5/4877/2022          DATED
                     23/01/2023      ISSUED      BY      THE
                     SUPERINTENDING ENGINEER
Exhibit.P35          A TRUE COPY OF THE RELEVANT PAGES OF

THE KERALA PUBLIC WORKS DEPARTMENT MANUAL, REVISED EDITION 2012 REVISED AS PER G.O (P) NO. 13/2012/PWD DATED 01/02/2012 Exhibit.P36 A TRUE COPY OF THE ORDER G.O(MS) NO.

22/2025/PWD DATED 31/03/2025 ISSUED BY THE PUBLICS WORKS (H) DEPARTMENT, GOVERNMENT OF KERALA 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

APPENDIX OF WP(C) 14314/2025

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE COPY OF THE MINUTES OF THE TENDER COMMITTEE HEADED BY THE 2ND RESPONDENT BEARING FILE NO.KWA-

CECR/KCHI/869/2024-D3 DATED 13/03/2025 Exhibit P-2 TRUE COPY OF THE COMPLAINT DATED 20/09/2023 GIVEN BY 5TH RESPONDENT. Exhibit P-3 TRUE COPY OF REPLY DATED 10/11/2023 SUBMITTED BY THE PETITIONER.

Exhibit P-4 TRUE COPY OF THE Joint Venture AGREEMENT DATED 23/08/2020 EXECUTED BETWEEN THE ANNA INFRASTRUCTURE DEVELOPERS PVT LTD WITH THE PETITIONER Exhibit P-5 TRUE COPY OF THE PROCEEDINGS NO.

KWA/PHC- D2/5160/2017 DATED 30/03/2021 ISSUED BY THE SUPERINTENDING ENGINEER, PH CIRCLE THRIUVANANTHAPURAM Exhibit P-6 TRUE COPY OF PROCEEDINGS OF THE 3RD RESPONDENT BEARING NO.

KWA/PHC/ALP/DB/JJM-1433/20-21 DATED 05/11/2020 Exhibit P-7 TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDING ENGINEER, KOCHI BEARING NO. PHC/CHN/JJM/13573/2020 DATED 01/01/2021 Exhibit P-8 TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDING ENGINEER, THRISSUR BEARING NO. KWA/PHC/TSR/D1/3241/2020 DATED 18/06/2022 Exhibit P-9 TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDING ENGINEER, THRISSUR BEARING NO. KWA/PHC/TSR/D5/4877/2022 DATED 11/01/2023 Exhibit P-10 TRUE COPY OF THE AGREEMENT NO.

                     65/SE/PHC/TSR/2023-         24      DATED
                     08/11/2023     EXECUTED     BETWEEN   THE

SUPERINTENDING ENGINEER, THRISSUR AND THE PETITIONER Exhibit P-11 TRUE COPY OF THE LEGAL OPINION DATED 2025:KER:52286 W.P.(C) Nos.39836/2024 & 14314/2025

22/12/2023 GIVEN BY THE 4TH RESPONDENT.

Exhibit P-12 TRUE COPY OF RELEVANT PAGES OF THE NOTICE INVITING TENDER NO. 6/2020- 21/KWA/PHC/D2/TVM DATED 19/08/2020 Exhibit P-13 TRUE COPY OF ELECTRONIC TENDER NOTICE NO. KWA/PHC/ALP/DB/KUTTANAD/2023 DATED 24/04/2023 Exhibit P-14 TRUE COPY OF THE ELECTRONIC TENDER NOTICE NO.

KWA/PHC/ALP/DB/KUTTANAD/2023 DATED 20/04/2023 Exhibit P-15 TRUE COPY OF THE ELECTRONIC TENDER NOTICE NO. 16/20- 21/SE/PHC/PKD DATED 24/08/2020 Exhibit P-16 TRUE COPY OF THE THE ELECTRONIC TENDER NOTICE NO. 27/20- 21/SE/PHC/PKD DATED 26/08/2020 Exhibit P-17 TRUE COPY OF THE THE DETAILS OF THE WORK HELD BY THE 5TH RESPONDENT RECORDED IN WEB-SITE OF THE KERALA WATER AUTHORITY AS FORMAT Q2 Exhibit P-18 TRUE COPY OF THE REPRESENTATION NO.MVV/CE/CR/CHN/T51/02/25 DATED 25/03/2025 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P-19 TRUE COPY OF THE REPRESENTATION NO.MVV/CE/CR/CHN/T51/02/25 DATED 25/03/2025 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P-20 TRUE COPY OF THE INTERIM ORDER DATED 12/11/2024 IN WRIT PETITION CIVIL NO. 39836 OF 2024 PASSED BY THIS HON'BLE COURT.

Exhibit.P21 A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO. 33/SE/PHCK/2020-21 DATED 21/01/2021.

Exhibit.P22 A TRUE COPY OF THE LETTER NO.

                     KWA/PHC/TSR/D5/4877/2022             DATED
                     23/01/2023        ISSUED       BY      THE
                     SUPERINTENDING ENGINEER.
Exhibit.P23          A TRUE COPY OF THE RELEVANT PAGES OF
                                                2025:KER:52286

W.P.(C) Nos.39836/2024 & 14314/2025

THE KERALA PUBLIC WORKS DEPARTMENT MANUAL, REVISED EDITION 2012 REVISED AS PER G.O (P) NO. 13/2012/PWD DATED 01/02/2012.

Exhibit.P24 A TRUE COPY OF THE ORDER G.O(MS) NO.

22/2025/PWD DATED 31/03/2025 ISSUED BY THE PUBLICS WORKS (H) DEPARTMENT, GOVERNMENT OF KERALA.

 
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