Kerala High Court
M/S.Kool Home Builders vs State Of Kerala on 21 March, 2025
2025:KER:24328
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946
WP(C) NO. 37831 OF 2023
PETITIONER:
M/S.KOOL HOME BUILDERS,
5TH FLOOR, VI/58, NH 47 BYPASS, MARADU.P.O.,
KOCHI, REPRESENTED BY ITS CHAIRMAN, P.M.ABDUL
LAHIR, THROUGH HIS POWER OF ATTORNEY HOLDER,
SHAIJU KAROTHUKUZHYIL, AGED 55 YEARS, S/O.K.
MOOSA AHAMMED, KAROTHUKUZHYIL HOUSE,
THAIKATTUKARA (P.O.), ERNAKULAM DISTRICT,
PINCODE-68310, PIN - 682304.
BY ADVS.
DINESH MATHEW J.MURICKEN
K.A.ABHILASH
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
RIA VARGHESE
JERRY PETER
SEBA SHAJAHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY (HEALTH)
TO GOVERNMENT HEALTH & FAMILY WELFARE DIRECTORATE
OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, PIN - 695035.
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2 THE KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS CHAIRMAN, 11ND FLOOR, VYDYUTHI
BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM
DISTRICT,, PIN - 695004.
3 THE CHIEF TECHNICAL OFFICER,
CONSULTANCY WING, KERALA STATE ELECTRICITY BOARD
LTD., 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695004.
4 THE URALUNGAL LABOUR CONTRACT CO-OPERATIVE
SOCIETY,
MADAPPALLY COLLEGE.P.O., VATAKARA, KOZHIKODE
DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN - 673102.
BY ADV M.SASINDRAN
OTHER PRESENT:
ADV MANOJ KUMAR - R1, SRI B PRAMOD SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.03.2025, ALONG WITH WP(C).37863/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.37831
& 37863 of 2023 3 2025:KER:24328
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946
WP(C) NO. 37863 OF 2023
PETITIONER:
M/S.KOOL HOME BUILDERS,
5TH FLOOR, VI/58, NH 47 BYPASS, MARADU.P.O.,
KOCHI, REPRESENTED BY ITS CHAIRMAN, P.M.ABDUL
LAHIR, THROUGH HIS POWER OF ATTORNEY HOLDER,
SHAIJU KAROTHUKUZHY, AGED 55 YEARS, S/O.K. MOOSA
AHAMMED, KAROTHUKUZHYIL HOUSE, THAIKATTUKARA
(P.O.), ERNAKULAM DISTRICT, PINCODE-683106,
PIN - 682304.
BY ADVS.
DINESH MATHEW J.MURICKEN
K.A.ABHILASH
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
RIA VARGHESE
JERRY PETER
SEBA SHAJAHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY (HEALTH)
TO GOVERNMENT, HEALTH AND FAMILY WELFARE ,
DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL
JUNCTION, THIRUVANANTHAPURAM DISTRICT,
PIN - 695035.
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2 THE KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, 11ND FLOOR,
VYDYUTHI BHAVANAM, PATTOM.P.O.,
THIRUVANANTHAPURAM DISTRICT. (*THE ADDRESS
PORTION OF THE 2ND RESPONDENT IN THE CAUSE TITLE
OF THE WRIT PETITION IS SUBSTITUTED AS
"REPRESENTED BY ITS SECRETARY" IN THE PLACE OF
"REPRESENTED BY ITS CHAIRMAN" VIDE ORDER DATED
06.02.2024 IN IA NO.1/2024.), PIN - 695004.
3 THE CHIEF TECHNICAL OFFICER,
CONSULTANCY WING, KERALA STATE ELECTRICITY BOARD
LTD., 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695004.
4 THE URALUNGAL LABOUR CONTRACT CO-OPERATIVE
SOCIETY,
MADAPPALLY COLLEGE.P.O., VATAKARA, KOZHIKODE
DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN - 673102.
BY ADV M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.03.2025, ALONG WITH WP(C).37831/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
[WP(C) Nos.37831/2023, 37863/2023]
These two writ petitions are filed at the instance of
the petitioner, a builder, seeking to challenge steps
pursuant to Ext.P1 tender. The petitioner contends that, it
was the lowest, in terms of the amount quoted pursuant to
the tender. However, the tender was awarded in favour of
the 4th respondent. The petitioner contends that it is
pursuant to the invocation of Ext.P5 Government Order
dated 19.03.2020, that the 4th respondent, who was not the
lowest of the tenderers, was chosen in preference to the
petitioner.
2. In such circumstances, these writ petitions
have been filed by the petitioner seeking to challenge the
inclusion of the amended proposed in Ext.P5 Government
Order in Ext.P1 tender.
3. I have heard Smt.Nayana Varghese, the
learned counsel for the petitioner, Sri.M.Sasindran, the
learned counsel for the 4 th respondent, Sri.Manoj Kumar, the
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learned counsel for the 1 st respondent and Sri.B.Premod, the
learned Standing counsel for the 2nd and 3rd respondents.
4. I have considered the rival submissions as
well as the connected records.
5. The challenge in these writ petitions, as
noticed earlier, is essentially with respect to the
Government Order at Ext.P5 (though, not specifically
challenged) insofar as the same has been included in Ext.P1
tender.
6. I notice that the challenge with respect to
the Government Order at Ext.P5 was the subject matter of
consideration before a Division Bench of this Court and in
the judgment reported as Cherian Varkey Construction
Company (Pvt) Ltd. v. State of Kerala [2024 (3) KLT
89], this Court found that individual contractors cannot seek
parity of treatment with a co-operative entity and hence the
challenge raised against the Government Order at Ext.P5
cannot be accepted.
7. In the light of the afore, I am of the opinion
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that the petitioner is not entitled to succeed.
8. I also take note of the dictum laid down by
the Apex Court in Meerut Development Authority v.
Association of Management Studies and Another with
Pawan Kumar Agarwal v. Meerut Development
Authority and Another [(2009) 6 SCC 171], as per
which, the petitioner, who having already participated in the
tender process pursuant to Ext.P1 which admittedly
incorporated the terms of Ext.P5 Government Order, cannot
on a later date, seek to challenge the terms of the tender.
9. On the whole, I find that the petitioner is not
entitled for any of the reliefs as prayed for in this writ
petition.
Resultantly, these writ petitions would stand
dismissed.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
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APPENDIX OF WP(C) 37863/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE E-TENDER
NO.CW/KSEBL/03/2023-24 AND INSTRUCTION
TO THE BIDDERS DATED 06.07.2023
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 14.10.2023
Exhibit P3 TRUE COPY OF THE LETTER
NO.CW/H&FWD/KIIFB/VRK/2023-24/385 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
DATED 17.10.2023
Exhibit P4 TRUE COPY OF THE LETTER DATED 18.10.2023
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P5 TRUE COPY OF THE G.O(MS) NO.41/2020/PWD
DATED 19.03.2020 ISSUED BY THE 1ST
RESPONDENT
RESPONDENT EXHIBITS
Exhibit R4(a) A true copy of the certificate showing
registration of the 4th respondent dated
18-10-12
Exhibit R4(b) A true copy of the G.O.MS No.135 -97-
Co-op dated 13-11-1997
Exhibit R4(c) A true copy of the G.O.(MS) NO.
44/01/PWD DATED 19-03-2004
Exhibit R4(d) A true copy of the G.O.(MS) NO.
181/08/co.op dated 02-08-2008
Exhibit R4(e) A true copy of the G.O (Rt.)
568/2020/coop dated 4/11/2020
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Exhibit R4(f) A true copy of the judgment dated 17-11-
2020 in W.P.(C) No.3760 of 2020
Exhibit R4(g) A true copy of the judgment of this
hon'ble Court in Cheriyan Varkey
Construction Company (Pvt.) Ltd. vs.
State of Kerala reported in 2024(3) KLT
Exhibit R4(h) A true copy of the relevant extracts
from the byelaws of the society
Exhibit R4(i) A true copy of the certificate issued by
the Co-operative Department evidencing
the 'A' class shares and 'B' class
shares, as on 06-10-2023
Annexure R1(a) A true copy of the certificate issued by
the Joint Registrar of Co-operative
Societies (General) Kozhikode dated
14.08.2009.
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APPENDIX OF WP(C) 37831/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE E-TENDER
NO.CW/KSEBL/04/2023-24 AND INSTRUCTION
TO THE BIDDERS DATED 06.07.2023
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 14.10.2023
Exhibit P3 TRUE COPY OF THE LETTER
NO.CW/H&FWD/KIIFB/VRK/2023-24/384 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
DATED 17.10.2023
Exhibit P4 TRUE COPY OF THE LETTER DATED 18.10.2023
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P5 TRUE COPY OF THE G.O(MS) NO.41/2020/PWD
DATED 19.03.2020 ISSUED BY THE 1ST
RESPONDENT
