Majeed Judgement

2023:KER:45931
WP(C) NO.35311 OF 2022 & conn.cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM ‘CR’

PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 19TH DAY OF JULY 2023 / 28TH ASHADHA, 1945
WP(C) NO. 35311 OF 2022
PETITIONER/S:
1 P.V.SADANANDAN,
AGED 70 YEARS
S/O. P.K. VELAYUDHAN, CONTRACTOR, POTTASSERY HOUSE,
VADUTHALA P.O., ERNAKULAM, KOCHI-682 023.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
K.S.ARCHANA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THRIKKAKARA,
ERNAKULAM, KOCHI 682021
OTHER PRESENT:
SRI.K.V.MANOJ KUMAR, SR.GP, SMT.VIDYA KURIAKOSE, GP,

SRI.S.MANU, DSGI, SRI.P.M.JOHNY, SC, SRI.GEORGIE
JOHNY, SC, SRI.V.V.JOSHI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.07.2023, ALONG WITH WP(C).12799/2023, 12808/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2023:KER:45931
IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT
WP(C) NO. 12799 OF 2023
PETITIONER/S:
M/S OM DHAR ENGINEERING PVT. LTD,

AGED 53 YEARS
II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE,
MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY
AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS,
S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA,
HYDERABAD,, PIN - 500033
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
HALIYA T.P.
RESPONDENT/S:
1 THE KERALA WATER AUTHORITY,

JALABHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR,
THIRUVANANTHAPURAM, PIN - 695033
2 THE SUPERINTENDING ENGINEER.

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH
ROAD,SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN – 680001
SRI.P.M.JOHNY, SC

19.07.2023, ALONG WITH WP(C).35311/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2023:KER:45931

PRESENT
WP(C) NO. 12808 OF 2023
PETITIONER/S:
M/S OM DHAR ENGINEERING PVT. LTD.

AGED 53 YEARS
AUTHORISED SIGNATORY, C INDRA KUMAR, AGED 53 YEARS,
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
HALIYA T.P.
RESPONDENT/S:

JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR,
2 THE SUPERINTENDING ENGINEER,

ROAD, SAKTHAN TAMPURAN NAGAR, THRISSUR, PIN – 680001
SRI.GEORGIE JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 12836 OF 2023
PETITIONER/S:

AGED 53 YEARS
HYDERABAD, PIN - 500033
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
HALIYA T.P.
RESPONDENT/S:


ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR., PIN – 680001
SRI.V.V.JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 12884 OF 2023
PETITIONER/S:
P DILEEP,
AGED 53 YEARS
DILEEP BHAVAN, KADAKAVOOR, THIRUVANANTHAPURAM, PIN -
695306
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
HALIYA T.P.
RESPONDENT/S:

THIRUVANATHAPURAM,, PIN - 695033

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
ALAPPUZHA,, PIN – 688001
SRI.P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 12904 OF 2023
PETITIONER/S:
M/S OM DHAR ENGINEERING PVT. LTD,

AGED 53 YEARS
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
HALIYA T.P.
RESPONDENT/S:

THIRUVANANTHAPURAM., PIN - 695033

ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR., PIN - 680001
BY ADV P.M.JOHNY,SC

2023:KER:45931

PRESENT
WP(C) NO. 12908 OF 2023
PETITIONER/S:
M/S. BASIC N NEEDS ENGINEERS AND CONTRACTORS

AGED 47 YEARS
REPRESENTED BY ITS PROPRIETOR ANVAR SADATH, S/O. ALI
BAPPU, DOOR NO: 20/338. CHERUKUNNU P.O, OTHUKKUNGAL,
MALAPPURAM, PIN - 676528
BY ADVS.
T.V.GEORGE
LINDA GEORGE
RESPONDENT/S:
1 MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES
GOVERNMENT OF INDIA, NIRMAN BHAVAN, 7TH FLOOR,
MOULANA AZAD ROAD, REPRESENTED BY ITS ADDL.
DEVELOPMENT COMMISSIONER, NEW DELHI, PIN - 110108
2 NATIONAL SMALL INDUSTRIES CORPORATION LTD

S 67, GCDA COMMERCIAL COMPLEX, MARINE DRIVE,
SHANMUGHAM ROAD, REPRESENTED BY ITS MANAGING
DIRECTOR, KOCHI, PIN - 682031
3 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT , TRIVANDRUM, PIN - 695001
4 SUPERINTENDING ENGINEER
MALAPPURAM, PIN – 676505
SRI.K.V.MANOJ KUMAR SR.GP, SMT.VIDYA KURIAKOSE,GP

2023:KER:45931

PRESENT
WP(C) NO. 12946 OF 2023
PETITIONER/S:
M/S OM DHAR ENGINEERING PVT. LTD.,

AGED 53 YEARS
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
HALIYA T.P.
RESPONDENT/S:

THIRUVANATHAPURAM,, PIN - 695033

ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN - 680001
BY ADV P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 12994 OF 2023
PETITIONER/S:

AGED 53 YEARS
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
HALIYA T.P.
RESPONDENT/S:
1 THE KERALA WATER AUTHORITY.

THIRUVANANTHAPURAM,, PIN - 695033


2023:KER:45931

PRESENT
WP(C) NO. 13012 OF 2023
PETITIONER/S:
1 K.I. PAULOSE
AGED 66 YEARS
S/O. ITTIAVIRAH, KUNNEL HOUSE, KUNNACKAL P.O.,
MUVATTUPUZHA TALUK, VALAKOM, ERNAKULAM DISTRICT, PIN
- 682316
2 T.A. MEETHIYAN
AGED 56 YEARS
S/O. AHAMMED, THANDAKALA HOUSE, CHENKARA, PATTIMATTOM
P.O., KUNNATHUNADUTALUK, ERNAKULAM DISTRICT, PIN -
683562
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:
1 KERALA WATER AUTHORITY

REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,
JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN -
695033
2 THE SUPERINTENDING ENGINEER

OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE,
KERALA WATER AUTHORITY, ERNAKULAM, KOCHI, PIN -
682011
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 13268 OF 2023
PETITIONER/S:
ADARSH ENTERPRISES
AGED 55 YEARS
THROUGH ITS PROPRIETOR, M.V. JAYARAJAN, AGED 55
YEARS, S/O. VELAYUDHAN, MALAYAMPURATHUPADY HOUSE,
VALAYAMCHIRANGARA POST, PERUMBAVOOR, ERNAKULAM
DISTRICT, PIN - 683556
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
RESPONDENT/S:
695033

KERALA WATER AUTHORITY, COLLECTORATE P.O., KOTTAYAM,
PIN – 686002

2023:KER:45931

PRESENT
WP(C) NO. 13279 OF 2023
PETITIONER/S:
THAMPI C.T
AGED 56 YEARS
S/O. THOMAS, C/O. T.D. THARAKAN, THARAKAN HOUSE,
LALOOR ROAD, AYYATHOLE P.O., THRISSUR - 680 005,
RESIDING AT CHACKALACKAL HOUSE, KARIPPAKUNNU,
PATTIKADU P.O., THRISSUR DISTRICT, PIN - 680652
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:
695033

KERALA WATER AUTHORITY, KALMANDAPAM, PALAKKAD
DISTRICT, PIN – 678001
SRI.V.V.JOSHI, SC

19.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2023:KER:45931

PRESENT
WP(C) NO. 13304 OF 2023
PETITIONER/S:
M/S. V.P. GROUP, REPRESENTED BY ITS MANAGING PARTNER,

AJMAL V.A.,
AGED 33 YEARS
S/O V.P. ABDUL AZEEZ, RESIDING AT VADAPPILLY HOUSE,
AMBATTUKAVU, THAIKKATTUKARA P.O., ALUVA, PIN - 683106
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENT/S:

REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, COCHIN,
PIN – 682011
SRI.P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 13413 OF 2023
PETITIONER/S:
RAVI P.K.
AGED 59 YEARS
S/O KRISHNAN, MATHAMANGALATH HOUSE, PUTHUSSERY,
IRITTY P.O., KANNUR, PIN - 670703
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENT/S:


KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR,
PIN - 670012
3 THE EXECUTIVE ENGINEER

WATER SUPPLY DIVISION, THALIPARAMBA, PIN – 670141

2023:KER:45931

PRESENT
WP(C) NO. 35322 OF 2022
PETITIONER/S:
DINISH P.S.,
AGED 40 YEARS
S/O. P.V. SADANANDAN, CONTRACTOR, POTTASSERY HOUSE,
VADUTHALA P.O., ERNAKULAM, KOCHI-682 023.
BY ADVS.
K.S.ARCHANA
MOHAMMED SHAFI.K
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF PUBLIC PUBLIC WORKS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT,

ROADS DIVISION, THRIKKAKARA, ERNAKULAM, KOCHI-682
021.
BY SRI.K.V.MANOJ KUMAR, SR.GP, SMT.VIDYA KURIAKOSE,

GP

2023:KER:45931

PRESENT
WP(C) NO. 13729 OF 2023
PETITIONER/S:
M/S. STREFA PROJECTS PRIVATE LTD

PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA,
HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY
ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN
- 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
RESPONDENT/S:

JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695033

KERALA WATER AUTHORITY, THIRUVALLA,
PATHAMANTHITTA, PIN - 689101
OTHER PRESENT:

2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 13772 OF 2023
PETITIONER/S:

ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI,
PIN - 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
RESPONDENT/S:

PIN - 695033

KERALA WATER AUTHORITY, THIRUVALLA,
PATHAMANTHITTA, PIN - 689101
OTHER PRESENT:
2023:KER:45931


2023:KER:45931

PRESENT
WP(C) NO. 14027 OF 2023
PETITIONER/S:

- 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
RESPONDENT/S:

695033
2 *THE SUPERINTENDING ENGINEER

KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA
*OFFICE OF THE SUPERINTENDING ENGINEER, P.H.CIRCLE,
KERALA WATER AUTHORITY HOSPITAL ROAD, ERNAKULAM,
KOCHI - 682011. RESPONDENT NO.2 IS SUBSTITUTED AS PER
ORDER DATED 02.05.2023. IN I.A. 1/2023 IN WP(C)
1402/2023., PIN - 689101
OTHER PRESENT:
2023:KER:45931


2023:KER:45931

PRESENT
WP(C) NO. 14216 OF 2023
PETITIONER/S:
HASIF T, AGED 43 YEARS

S/O THORAPPA, THURACKAL HOUSE,
MANJERI POST, MALAPPURAM DISTRICT, PIN - 676121
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:

695033

KERALA WATER AUTHORITY (KWA), ALAPPUZHA DISTRICT, PIN
- 688002
OTHER PRESENT:

2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 14493 OF 2023
PETITIONER/S:
THAMPI C.T, AGED 57 YEARS


PATTIKADU P.O.,THRISSUR DISTRICT, PIN - 680652
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:

695033

KERALA WATERAUTHORITY, MALAPARAMPA, KOZHIKIDE, PIN -
673009
OTHER PRESENT:

2023:KER:45931


2023:KER:45931

PRESENT
WP(C) NO. 14580 OF 2023
PETITIONER/S:
M.J. ABRAHAM, AGED 63 YEARS

MARUTHUVETTIYANICKAL HOUSE, VELIYANNOOR P.O,
KOTTAYAM, PIN - 686634
BY ADV SAJI VARGHESE KAKKATTUMATTATHIL
RESPONDENT/S:

REPRESENTED BY ITS MANAGING DIRECTOR JALA BHAVAN,
KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE'
KOCHI, ERNAKULAM, PIN - 682011
OTHER PRESENT:


2023:KER:45931

PRESENT
WP(C) NO. 15018 OF 2023
PETITIONER/S:
THAMPI C.T. AGED 56 YEARS


PATTIKADU P.O., THRISSUR DISTRICT, PIN - 680652
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:

JALA BHAVAN, VELLAYAMBALAM,

KERALA WATER AUTHORITY, KALMANDAPAM,
PALAKKAD DISTRICT, PIN - 678001

2023:KER:45931
OTHER PRESENT:


2023:KER:45931

PRESENT
WP(C) NO. 15027 OF 2023
PETITIONER/S:
1 SALIL VARGHESE, S/O. VARGHESE, AGED 54 YEARS,
MANJOORAN HOUSE, KOODAPUZHA P.O., CHALAKUDY,
THRISSUR DISTRICT, PIN - 680307
2 K.K. MUHAMMED, S/O. K.B. KUNJUMOIDEEN, AGED 70 YEARS,

KARUKAPADATH HOUSE, 1ST CONVENT ROAD,
THOTTAKATTUKARA, ALUVA, ERNAKULAM DISTRICT, PIN -
683108
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:

695033

2023:KER:45931
OTHER PRESENT:


2023:KER:45931

PRESENT
WP(C) NO. 15130 OF 2023
PETITIONER/S:
T.D. MUHAMMED NOUFAL, AGED 36 YEARS

S/O.T.D. AHAMMED, CONTRACTOR, DELCON HOUSE, DELCON
ENGINEERING CO., CHATTANCHALL, KASARAGOD DISTRICT.,
PIN - 671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:
1 MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES

MOULANA AZAD ROAD, NEW DELHI, REPRESENTED BY ITS
ADDITIONAL DEVELOPMENT COMMISSIONER., PIN - 110108
2 NATIONAL SMALL INDUSTRIES CORPORATION LTD.

S-67 GCDA COMMERCIAL COMPLEX, MARINE DRIVE,
SHANMUGHAM ROAD, KOCHI, REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 682031
3 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
4 KERALA WATER AUTHORITY (KWA)

JALA BHAVAN, NANDAVANAM, VELLAYAMBALAM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
2023:KER:45931

KOCHI ., PIN - 682011
OTHER PRESENT:


2023:KER:45931

PRESENT
WP(C) NO. 15157 OF 2023
PETITIONER/S:
T.D. MUHAMMED NOUFAL, AGED 36 YEARS

S/O.T.D. AHAMMED, CONTRACTOR, DELCON HOUSE, DELCON
ENGINEERING CO., CHATTANCHALL, KASARAGOD DISTRICT.,
PIN - 671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:


3 STATE OF KERALA
4 KERALA WATER AUTHORITY (KWA),

THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS
MANAGING DIRECTOR., PIN - 695033
2023:KER:45931
KOCHI ., PIN - 682011
OTHER PRESENT:


2023:KER:45931

PRESENT
WP(C) NO. 15163 OF 2023
PETITIONER/S:
ADARSH ENTERPRISES ,THROUGH ITS PROPRIETOR, M.V.

JAYARAJAN, AGED 55 YEARS, S/O. VELAYUDHAN,
MALAYAMPURATHUPADY HOUSE, VALAYAMCHIRANGARA POST,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683556
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:

PIN - 695033

KERALA WATER AUTHORITY, COLLECTORATE P.O., KOTTAYAM,
PIN - 686002
OTHER PRESENT:

2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 15192 OF 2023
PETITIONER/S:
C.L. ABDULLA, AGED 50 YEARS

S/O. C.L. MAHIN, CONTRACTOR, C.L. HOUSE, CHANDRAGIRI
P.O., KASARAGOD DISTRICT., PIN - 671317
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:


3 STATE OF KERALA
4 STATE AGRICULTURAL ENGINEER

VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN - 695033
OTHER PRESENT:

2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 15215 OF 2023
PETITIONER/S:
NOUSHAD M.M., AGED 38 YEARS

S/O. M.M. MUHAMMAD KUNHI, CONTRACTOR, NOUSHAD
COTTAGE, CHENGALA P.O., KASARAGOD DISTRICT., PIN -
671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:


3 STATE OF KERALA
KERALA WATER AUTHORITY, PH CIRCLE, THIRUVALLA,
PATHANAMTHITTA., PIN - 689101
OTHER PRESENT:

2023:KER:45931


2023:KER:45931

PRESENT
WP(C) NO. 15223 OF 2023
PETITIONER/S:
PKMCO CONSTRUCTIONS PVT. LTD.

DOOR NO.4/268, KAMBAR HOUSE, BEDREDUKKA P.O.,
KASARAGOD DISTRICT, PIN - 671 124, REPRESENTED BY ITS
DIRECTOR, MAHIN SHAHADI THAYYID, S/O. KALLATRA
MOIDEEN HAMSA, AGED 30 YEARS, MELPARAMBA HOUSE,
KULANAD P.O., CHENGALA, KASARAGOD DISTRICT., PIN -
671317
BY ADVS.
K.S.ARCHANA
MOHAMMED SHAFI.K
RESPONDENT/S:


3 STATE OF KERALA
IRRIGATION DIVISION, MALAPPURAM., PIN - 676505
OTHER PRESENT:
2023:KER:45931


2023:KER:45931

PRESENT
WP(C) NO. 15307 OF 2023
PETITIONER/S:
NOUSHAD M.M., AGED 38 YEARS

S/O. M.M. MUHAMMAD KUNHI, CONTRACTOR, NOUSHAD
COTTAGE, CHENGALA P.O., KASARAGOD DISTRICT., PIN -
671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:


3 STATE OF KERALA
PUBLIC WORKS DEPARTMENT, BUILDINGS NORTH CIRCLE,
KOZHIKODE ., PIN - 673004
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
2023:KER:45931


2023:KER:45931

PRESENT
WP(C) NO. 15322 OF 2023
PETITIONER/S:
BERKA ABDUL RAHIMAN

AGED 66 YEARS
S/O. CHERAKADAVU AHAMED, CONTRACTOR, CHERAKADAVU
HOUSE, BERKA, CHERKALA, CHENGALA, KASARAGOD
DISTRICT., PIN - 671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:

MOULANA AZAD ROAD, NEW DELH, REPRESENTED BY ITS

3 STATE OF KERALA
4 ASSISTANT ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT, LID&EW SECTION,
MADIKAI GRAMA PANCHAYATH, MADIKAI, KASARAGOD
2023:KER:45931
SRI.K.V.MANOJKUMAR, SR.GP
SMT.VIDYA KURIAKOSE, GP

2023:KER:45931

PRESENT
WP(C) NO. 15340 OF 2023
PETITIONER/S:
ABBAS P.P.
AGED 58 YEARS
S/O MAMMAD HAJI, RESIDING AT PALLIPARAMBAN HOUSE,
KUNIYIL, KIZHUPARAMBA, MALAPPURAM, PIN - 673639
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENT/S:


PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,
SRI. P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 15612 OF 2023
PETITIONER/S:
SATHYADEVAN K ,
AGED 65 YEARS
KRISHNALAYAM, MUNDAKKAL EAST, KOLLAM, PIN - 691001
BY ADVS.S.SANTHOSH KUMAR
BABY SUJATHA
RESPONDENT/S:
1 KERALA WATER AUTHORITY,

JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010
2 THE MANAGING DIRECTOR,

KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
3 THE CHIEF ENGINEER (SOTHERN REGION),

KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM., PIN - 695010

KERALA WATER AUTHORITY, O/O THE SUPERINTENDING
ENGINEER, PUBLIC HEALTH CIRCLE, KOLLAM., PIN - 691001
5 THE EXECUTIVE ENGINEER,

PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY,
KOLLAM, PIN - 691001
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 15714 OF 2023
PETITIONER/S:
M/S. J AND B ENGINEERING AND CONSTRUCTION COMPANY

AGED 62 YEARS
KUTTOOR P.O, THIRUVALLA,PATHANAMTHITTA DISTRICT
REPRESENTED BY ITS PARTNER K.A. ABRAHAM,
PIN - 689106
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
ARUN C.S.
RESPONDENT/S:

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

KERALA WATER AUTHORITY CENTRAL REGION, ERNAKULAM,
KOCHI, PIN - 682011

KERALA WATER AUTHORITY, P.H. CIRCLE NATTIKA,
THRISSUR, PIN - 680566

KERALA WATER AUTHORITY, P.H. CIRCLE NATTIKA,
5 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY WATER
2023:KER:45931
RESOURCES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM,

PIN - 695001
SRI.V.V.JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 15736 OF 2023
PETITIONER/S:
VARGHESE SCARIA
AGED 32 YEARS
SON OF P.T. SCARIA, AGED 32 YEARS, PAZHUKKANIYIL
HOUSE, PUTHUPARIYARAM.P.O, THODUPUZHA, IDUKKI
DISTRICT, PIN-685 608., PIN - 685608
BY ADVS.
C.H.ABDUL RASAC
K.R.AVINASH (KUNNATH)
ABDUL RAOOF PALLIPATH
RESPONDENT/S:
1 THE STATE OF KERALA

REPRESENTED BY THE SECRETARY, PUBLIC WORKS
DEPARTMENT, THIRUVANANTHAPURAM- 695001., PIN - 695001

PWD ROADS & BRIDGES, CENTRAL CIRCLE, ALUVA, PIN-683
101, PIN - 683101
3 THE FINANCE (INDUSTRIES & PUBLIC WORKS-B) DEPARTMENT

REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695001., PIN - 695001
4 THE CHIEF SECRETARY

GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM- 695001., PIN - 695001
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 15882 OF 2023
PETITIONER/S:
AGED 38 YEARS
- 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
MEDHA B.S.
RESPONDENT/S:
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN -
695033

KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA,
PIN - 689101

2023:KER:45931

PRESENT
WP(C) NO. 16416 OF 2023
PETITIONER/S:
REENA ENGINEERS AND CONTRACTORS (P) LTD

REPRESENTED BY ITS MANAGING DIRECTOR, 602, SHIV
TOWER, PATTO PLAZA, PANJIM, GOA., PIN - 403001
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENT/S:

REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033

(KANNUR), KERALA WATER AUTHORITY, THANA, KANNUR, PIN
- 670012
P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 16438 OF 2023
PETITIONER/S:
K.I. PAULOSE
AGED 66 YEARS
S/O. ITTIAVIRAH, KUNNEL HOUSE, KUNNACKAL P.O.,
MUVATTUPUZHA TALUK, VALAKOM, ERNAKULAM DISTRICT, PIN
- 682316
BY ADVS.GEORGE MATHEW
M.D.SASIKUMARAN
ELSA DENNY PINDIS
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN
RESPONDENT/S:

695033

682011

2023:KER:45931

PRESENT
WP(C) NO. 16688 OF 2023
PETITIONER/S:

AGED 53 YEARS
BY ADVS.
V.PREMCHAND
HALIYA T.P.
RESPONDENT/S:

JALA BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR,, PIN - 695033

BY ADV V.V.JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 16762 OF 2023
PETITIONER/S:
PRASANNAKUMAR V
AGED 55 YEARS
S/O VIKRAMAN NAIR, PRASOONAM VARUVILAKATHUVEEDU
POTHENCODE P.O THIRUVANANTHAPURAM, PIN - 695584
BY ADVS.
JOBY JACOB PULICKEKUDY
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
AAKHIL MOHAMMED.P.M
RISNI FARHATH
RESPONDENT/S:

2 2. THE SUPERINTENDING ENGINEER

PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY

2023:KER:45931

PRESENT
WP(C) NO. 16788 OF 2023
PETITIONER/S:
NAMSHAD A.
AGED 35 YEARS
S/O. AMU, CONTRACTOR, JASEELA MANZIL, STAR NAGAR,
BEVINJE, THEKKIL FERRY P.O., KASARAGOD DISTRICT., PIN
- 671541
BY ADVS.BABU JOSEPH KURUVATHAZHA

K.S.ARCHANA
MOHAMMED SHAFI.K
RESPONDENT/S:
1 GOVERNMENT OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE,
DEPARTMENT OF EXPENDITURE, PROCUREMENT POLICY
DIVISION, 264-C, NORTH BLOCK NEW DELHI., PIN - 110001
2 STATE OF KERALA

KERALA WATER AUTHORITY, PH CIRCLE, ERNAKULAM, KOCHI.,
PIN - 682011
BY ADV S.JUSTUS

2023:KER:45931

PRESENT
WP(C) NO. 16852 OF 2023
PETITIONER/S:
SKYLARKCO CONSTRUCTIONS PRIVATE LIMITED

DOOR NO.PGP 9 138, KANNUR, KASARAGOD DISTRICT, PIN-
671321, REPRESENTED BY ITS DIRECTOR, JAFFER T.A, S/O.
ABDULLA T.K., THODAYAR HOUSE, KANNUR, KASARAGOD

MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:
2 STATE OF KERALA

KERALA WATER AUTHORITY, P.H. CIRCLE, THIRUVALLA,
BY ADV Premsankar R
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 16860 OF 2023
PETITIONER/S:
ABOOBACKER A.
AGED 61 YEARS
S/O. HASSANKUTTY, CONTRACTOR, A.B. HOUSE, BEVINJE,
THEKKIL FERRY P.O.,
KASARAGOD DISTRICT., PIN - 671541

K.S.ARCHANA
MOHAMMED SHAFI.K
RESPONDENT/S:
DIVISION, 264-C, NORTH BLOCK NEW DELHI-110001., PIN -
110001
2 STATE OF KERALA

KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR., PIN –
670012
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 17062 OF 2023
PETITIONER/S:
A.B. MOHAMMED SHAFI

AGED 56 YEARS
S/O. A.B. ABDUL RAHIMAN, CONTRACTOR, SALMAN MANZIL,
POVVAL, MULIYAR, KASARAGOD DISTRICT., PIN - 671542
BY ADVS.
K.S.ARCHANA
MOHAMMED SHAFI.K
RESPONDENT/S:
2 STATE OF KERALA
PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION,
KASARAGOD., PIN - 671123

2023:KER:45931

PRESENT
WP(C) NO. 17101 OF 2023
PETITIONER/S:
ABDULLA A.T.
AGED 37 YEARS
S/O. ABOOBACKER A.T., CONTRACTOR, ALOOR THAYAL THOTTY
HOUSE, MULIYAR, KASARAGOD DISTRICT., PIN - 671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENT/S:
2 STATE OF KERALA
BY ADV VISHNU RAJAGOPAL

2023:KER:45931

PRESENT
WP(C) NO. 17162 OF 2023
PETITIONER:
RAJEEV.M.V
MECHERIL HOUSE, EDAYAR, BINANIPURAM.P.O.,
ERNAKULAM, PIN - 683502
BY ADVS.
P.SHANES METHAR
BHARATH MOHAN
N.KRISHNA PRASAD
RESPONDENTS:


O/O. THE SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, P H CIRCLE (ALAPPUZHA), VAZHICHERRY,
ALAPPUZHA, PIN - 688001
BY ADV.SRI. P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17200 OF 2023
PETITIONER:
PRASANNAKUMAR V
AGED 55 YEARS
S/O VIKRAMAN NAIR, PRASOONAM VARUVILAKATHUVEEDU,
POTHENCODE P.O THIRUVANANTHAPURAM, PIN - 695584
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
AAKHIL MOHAMMED.P.M
ALEX KEVIN GEORGE
RISNI FARHATH
RESPONDENTS:


BY ADV. SRI.GEORGIE JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17204 OF 2023
PETITIONERS:
1 T.A. MEETHIYAN
AGED 56 YEARS
S/O. AHAMMED, THANDAKALA HOUSE,
CHENKARA, PATTIMATTOM P.O.,
KUNNATHUNADUTALUK,
ERNAKULAM DISTRICT, PIN - 683562
2 K.I. PAULOSE
AGED 66 YEARS
S/O. ITTIAVIRAH, KUNNEL HOUSE,
KUNNACKAL P.O., MUVATTUPUZHA TALUK,
VALAKOM, ERNAKULAM DISTRICT,
PIN - 682316
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:

695033

2023:KER:45931
682011

2023:KER:45931

PRESENT
WP(C) NO. 17225 OF 2023
PETITIONER:
KASHMIRILAL CONSTRUCTION PVT. LTD

PLOT NO.9, THIYAGARAJA NAGAR, ROAD NO.1., OPPOSITE
CHENNAI SHOPPING MALL, KAPRA, HYDERABAD, TELANGANA
STATE - 500 062, REP. BY ITS DIRECTOR, VIVEK AGARWAL,
S/O. KASHMIRILAL AGARWAL AGED 52 YEARS, PIN - 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:

695033
2 THE SUPERINTENDING ENGINEER, OFFICE OF THE

SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER
AUTHORITY, KANNUR DISTRICT, PIN - 670012
BY ADV. GEORGIE JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17241 OF 2023
PETITIONER:
E.V.RAJU
AGED 68 YEARS
S/O A.V.VARGHESE, "EDAYANAL HOUSE,
PAZHAMTHOTTAM.P.O., ALUVA, ERNAKULAM,
PIN - 683565
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENTS:
1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING

DIRECTOR,
JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033

KERALA WATER AUTHORITY, P.H.CIRCLE, KOZHIKODE,
MALAPARAMBA, PIN - 673009
BY ADV. V.V.JOSHY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17242 OF 2023
PETITIONER:
E.V.RAJU
AGED 68 YEARS
S/O A.V.VARGHESE, "EDAYANAL HOUSE,
PAZHAMTHOTTAM.P.O., ALUVA, ERNAKULAM,
PIN - 683565
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENTS:

DIRECTOR,
JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033

KERALA WATER AUTHORITY, P.H.CIRCLE, KOZHIKODE,
MALAPARAMBA, PIN - 673009
BY ADV. P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17257 OF 2023
PETITIONER:
ALAN JOSHY JS
AGED 23 YEARS
S/O JAYAN, KATTUVILAVEEDU, THOONGAMPARA, KATTAKKADA
P.O, TRIVANDRUM, PIN - 695572
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
RISNI FARHATH
RESPONDENTS:


OFFICE OF THE EXECUTIVE ENGINEER, HEAD WORKS
DIVISION, KERALA WATER AUTHORITY, NEYATTINKARA
TRIVANDRUM, PIN - 695101

2023:KER:45931

PRESENT
WP(C) NO. 17260 OF 2023
PETITIONERS:
1 KASHMIRILAL CONSTRUCTION PVT. LTD

PLOT NO.9, THIYAGARAJA NAGAR,
ROAD NO.1., OPPOSITE CHENNAI SHOPPING MALL, KAPRA,
HYDERABAD, TELANGANA STATE - 500 062,
REP. BY ITS, DIRECTOR, VIVEKAGARWAL, S/O.
KASHMIRILALAGARWAL, AGED 52 YEARS
2 M/S. STREFA PROJECTS PRIVATE LTD

PLOT NO. 34, EASWARAIAH ENCLAVE,
DAMMAIGUDA, HYDERABAD,
TELANGANA STATE - 500 062,
REPRESENTED BY ITS, DIRECTOR,
P. CHANDRABABU, S/O. P.DASTAGIRI,
AGED 38 YEARS.
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:

695033

KERALA WATER AUTHORITY, MALAPARAMPA, KOZHIKODE, PIN -
2023:KER:45931
673009
BY ADV.V.V.JOSHY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17296 OF 2023
PETITIONERS:
1 KASHMIRILAL CONSTRUCTION PVT. LTD

PLOT NO.9, THIYAGARAJA NAGAR, ROAD NO.1., OPPOSITE
CHENNAI SHOPPING MALL, KAPRA, HYDERABAD, TELANGANA
STATE - 500 062, REP. BY ITS, DIRECTOR, VIVEKAGARWAL,
S/O. KASHMIRILALAGARWAL, AGED 52 YEARS,
PIN - 500062
2 M/S. STREFA PROJECTS PRIVATE LTD

PLOT NO.34, EASWARAIAH ENCLAVE, DAMMAIGUDA,
ITS, DIRECTOR, P. CHANDRABABU, S/O. P.DASTAGIRI, AGED
38 YEARS, PIN - 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:

695033

KERALA WATER AUTHORITY, KANNUR DISTRICT, PIN - 670012
2023:KER:45931
BY ADV, P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17381 OF 2023
PETITIONER:
SKYLARKCO CONSTRUCTIONS PRIVATE LIMITED

DOOR NO.PGP 9 138, KANNUR, KASARAGOD DISTRICT, PIN-
671321, REPRESENTED BY ITS DIRECTOR, JAFFER T.A.,
AGED 40 YEARS, S/O. ABDULLA T.K., THODAYAR HOUSE,
KANNUR, KASARAGOD DISTRICT, PIN - 671321
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENTS:

THIRUVANANTHAPURAM, PIN - 695033, REPRESENTED BY ITS
MANAGING DIRECTOR

2023:KER:45931

PRESENT
WP(C) NO. 17405 OF 2023
PETITIONER:
M/S. M.T. CONSTRUCTION COMPANY

BUILDING NO.92, BEVINJA, THEKKIL FERRY, CHENGALA
P.O., KASARAGOD DISTRICT, PIN-671541, REPRESENTED BY
ITS MANAGING PARTNER, M.T. MUHAMMED KUNHI HAJI, S/O.
ABDUL RAHMAN HAJI, AGED 66 YEARS, ARAFATH MANZIL,
BEVINJA, THEKKIL FERRY, CHENGALA, KASARAGOD DISTRICT
PIN - 671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENTS:

KERALA WATER AUTHORITY, PH CIRCLE,
KANNUR, PIN - 670012
BY ADV. V.V.JOSHY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17407 OF 2023
PETITIONER:
NAMSHAD A.
AGED 35 YEARS
S/O. AMU, CONTRACTOR, JASEELA MANZIL, STAR NAGAR,
BEVINJE, THEKKIL FERRY P.O., KASARAGOD DISTRICT, PIN
671541.
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENTS:

THIRUVANANTHAPURAM, PIN - 695033, REPRESENTED BY ITS
MANAGING DIRECTOR.
KERALA WATER AUTHORITY, PH CIRCLE,
BY ADV. P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17481 OF 2023
PETITIONER:

HYDERABAD,PIN - 500033
BY ADVS.
V.PREMCHAND
HALIYA T.P.
RESPONDENTS:

MANAGING DIRECTOR, PIN - 695033

ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR, PIN- 680 001.
BY ADV.SRI.GEORGIE JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17752 OF 2023
PETITIONER:
MRSCO BUILDERS PVT. LTD.

DOOR NO.X1 284, JAZEELA MANZIL, ALAMPADY, CHENGALA,
KASARGOD DISTRICT, PIN-671123, REPRESENTED BY ITS
MANAGING PARTNER AHAMMED MASHOOD K., AGED 34 YEARS,
S/O. MOHAMMED KUNHIKKANAM, JASEELA MANZIL, ALAMPADY,
CHENGALA, KASARGOD DISTRICT, PIN - 671123
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENTS:
DIVISION, 264-C, NORTH BLOCK NEW DELHI, PIN - 110001
2 STATE OF KERALA
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

PATHANAMTHITTA, PIN – 689101
2023:KER:45931
BY ADV.
SRI.V.V.JOSHY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17967 OF 2023
PETITIONER:
ALAN JOSHY J S
AGED 23 YEARS
S/O JAYAN, KATTUVILAVEEDU, THOONGAMPARA, KATTAKKADA
P.O, TRIVANDRUM, PIN - 695572
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
RISNI FARHATH
ALEX KEVIN GEORGE
AAKHIL MOHAMMED.P.M
RESPONDENTS:


OFFICE OF THE EXECUTIVE ENGINEER, HEAD WORKS DIVISION
KERALA WATER AUTHORITY, NEYATTINKARA TRIVANDRUM, PIN
- 695101

2023:KER:45931

PRESENT
WP(C) NO. 17996 OF 2023
PETITIONER:
BABURAJ.P.K.,
AGED 54 YEARS
S/O P. KUNJIRAMAN, RESIDING AT MANASAM HOUSE, MAMBA,
ANJARAKANDY, KOZHIKODE-, PIN - 670561
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENTS:

DIRECTOR,
695033

KERALA WATER AUTHORITY, P.H.CIRCLE, KANNUR,, PIN -
670012
BY ADV P.M.JOHNY
SRI.GEORGE JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 17997 OF 2023
PETITIONER:
VINODAN. K
AGED 63 YEARS
S/O SANKARAN.K., RESIDING AT 'SOUPARNIKA' ,
PALLIKKUNNU.P.O., KANNUR, PIN - 670004
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENTS:

DIRECTOR
695033

KERALA WATER AUTHORITY, P.H.CIRCLE, KANNUR,, PIN -
670012
BY ADV P.M.JOHNY
SRI.V.V.JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 18091 OF 2023
PETITIONER:
AHAMMED HARIS B.
AGED 34 YEARS
S/O. ABOOBACKER B.A., CHERAKADAV HOUSE, BERKA,
CHENGALA, KASARAGOD DISTRICT., PIN - 671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENTS:
2 STATE OF KERALA
3 SUPERINTENDING ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE, PWD
COMPLEX, MANANCHIRA, KOZHIKODE., PIN - 673001
SRI.K.V.MANOJ KUMAR, SR.GP

2023:KER:45931

PRESENT
WP(C) NO. 18115 OF 2023
PETITIONER:
M.T. ABDUL BASHEER
AGED 53 YEARS
S/O. MT ABDUL RAHIMAN HAJI, BEVINJA HOUSE, THEKKIL
FERRY P.O., CHENGALA, KASARAGOD DISTRICT., PIN -
671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENTS:
2 STATE OF KERALA

KERALA WATER AUTHORITY, P.H. CIRCLE, MALAPPURAM., PIN
- 676505
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 18400 OF 2023
PETITIONER:
K. RAMESHAN
AGED 59 YEARS
S/O. VELAYUDHAN, AGED 59 YEARS KEDARAM, KSHB COLONY,
MALAPARAMPA, KOZHIKODE DISTRICT, PIN - 673009
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:

695033

KERALA WATER AUTHORITY, MALAPARAMPA, KOZHIKODE, PIN -
673009
SRI.P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 18819 OF 2023
PETITIONER:
A.B. MOHAMMED SHAFI
AGED 56 YEARS
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENTS:
2 STATE OF KERALA
3 KERALA STATE CONSTRUCTION CORPORATION LTD.

DOOR NO.30/1521-A, BAY UNDER THE BRIDGE, NORTH SIDE
OF RAILWAY, PONNURUNNI, VYTTILA, KOCHI., PIN - 682019
4 GENERAL MANAGER
KERALA STATE CONSTRUCTION CORPORATION LTD., DOOR
NO.30/1521-A, BAY UNDER THE BRIDGE, NORTH SIDE OF
RAILWAY, PONNURUNNI, VYTTILA, KOCHI., PIN - 682019
2023:KER:45931
SRI.M.RAJAGOPALAN NAIR, SC FOR KSCC

2023:KER:45931

PRESENT
WP(C) NO. 19008 OF 2023
PETITIONER:
ARUNKUMAR S.O
AGED 41 YEARS
S/O.SOMASEKHARAN NAIR, AGED 41 YEARS, RESIDING AT
'KARTHIKA', POTHENCODU P.O, THIRUVANANTHAPURAM, PIN -
695584
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
RESPONDENTS:
THIRUVANANTHAPURAM -, PIN - 695033

PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,
BY ADV P.M.JOHNY

2023:KER:45931

PRESENT
WP(C) NO. 19030 OF 2023
PETITIONER:
ARUNKUMAR S.O
AGED 41 YEARS
S/O.SOMASEKHARAN NAIR, RESIDING AT 'KARTHIKA',
POTHENCODU P.O, THIRUVANANTHAPURAM, PIN - 695584
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
RESPONDENTS:


ARUVIKKARA DIVISION, KERALA WATER AUTHORITY,
BY ADV P.M.JOHNY
SR.V.V.JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 19229 OF 2023
PETITIONER:

AGED 53 YEARS
BY ADVS.
V.PREMCHAND
HALIYA T.P.
RESPONDENTS:

JALABHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOCHI,
ERNAKULAM,, PIN - 682011

2023:KER:45931

PRESENT
WP(C) NO. 19252 OF 2023
PETITIONER:

AGED 53 YEARS
BY ADVS.
V.PREMCHAND
HALIYA T.P.
RESPONDENTS:


ALAPPUZHA, KERALA STATE, PIN-, PIN - 688001
SRI.P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 19281 OF 2023
PETITIONER:
M/S. SURENDRA INFRASTRUCTURE PVT. LTD

AGED 60 YEARS, HEAD OFFICE, 9, EZRA STREET, 2ND
FLOOR, KOLKATA - 700 001, REP. BY ITS PROJECT
MANAGER, M.K. SHAJI, (MUTTATH KOCHUKUNJU SHAJI), S/O.
KOCHUKUNJU, AGED 60 YEARS VAISHNAVAM, UMMALATHOOR,
KOZHIKODE, PIN - 673008
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
ELSA DENNY PINDIS
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:
695033

KERALA WATER AUTHORITY, HOSPITAL ROAD, ERNAKULAM, PIN
- 682011

2023:KER:45931

PRESENT
WP(C) NO. 19295 OF 2023
PETITIONER:

AGED 53 YEARS
AUTHORISED SIGNATORY,C INDRAKUMAR, S/O SURYA RAO, A
404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN -
500033
BY ADVS.
V.PREMCHAND
HALIYA T.P.
RESPONDENTS:

JALABHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS

KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOCHI,
ERNAKULAM., PIN - 682011
SRI.V.V.JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 19425 OF 2023
PETITIONER:
M/S.COCHIN MARINE INDUSTRIES

2ND FLOOR, KAP COMMERCIAL COMPLEX, R S ROAD, ALUVA.
REPRESENTED BY ITS PARTNER, PIN - 683101
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:


O/O.THE SUPERINTENDING ENGINEER, P.H. CIRCLE,
(ERNAKULAM), KERALA WATER AUTHORITY, NEAR GENERAL
HOSPITAL, KOCHI, PIN - 682011
SRI.P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 19438 OF 2023
PETITIONER:
M/S.COCHIN MARINE INDUSTRIES

2ND FLOOR, KAP COMMERCIAL COMPLEX, R S ROAD, ALUVA.
REPRESENTED BY ITS PARTNER, PIN - 683101
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:

VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033

O/O. THE SUPERINTENDING ENGINEER, PH CIRCLE-KERALA
WATER AUTHORITY (ERNAKULAM), NEAR GENERAL HOSPITAL,
KOCHI., PIN - 682011
SRI.GEORGE JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 19704 OF 2023
PETITIONER:
A.B. MOHAMMED SHAFI
AGED 56 YEARS
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENTS:
DIVISION, 264-C, NORTH BLOCK, NEW DELHI., PIN -
110001
2 STATE OF KERALA

2023:KER:45931

PRESENT
WP(C) NO. 19884 OF 2023
PETITIONER:
PAULOSE ABRAHAM, AGED 48 YEARS

S/O. ABRAHAM,NJATTUKALAYIL HOUSE, KADAYIRUPPU P.O,
KOLENCHERRY ERNAKULAM DISTRICT, PIN - 682311
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
AAKHIL MOHAMMED.P.M
RESPONDENTS:

, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,
695033

KERALA WATER AUTHORITY, ALAPPUZHA, PIN - 688002
BY ADV P.M.JOHNY
ADV.V V JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 19909 OF 2023
PETITIONER:
M/S. STEV & JOLS PROJECT SOLUTION PVT.LTD
AGED 53 YEARS, C-1/403, 4TH FLOOR, HIGHLAND PARK, JAI
SHASTRI NAGAR, MULUND (W), MUMBAI - 400 082, REP. BY
ITS DIRECTOR, M.G. STEPHEN, ,AGED 53 YEARS, S/O.
GEORGE MALAL, MALAL PUTHENVEEDU, KARICHAL, PAIPPAD
P.O., HARIPPAD, ALAPPUZHA DISTRICT, PIN - 686537
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:
695033

KERALA WATER AUTHORITY (KWA), ALAPPUZHA DISTRICT, PIN
– 688001
ADV.P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 21935 OF 2023
PETITIONERS:
BERKA ABDUL RAHIMAN, AGED 66 YEARS
S/O. CHERAKADAVU AHAMED, CONTRACTOR, CHERAKADAVU
HOUSE, BERKA, CHERKALA, CHENGALA, KASARAGOD
BY ADVS.
ARCHANA K.S.
MOHAMMED SHAFI.K
HRISHIKRISHNAN
RESPONDENTS:
REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD
TRANSPORT & HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT
STREET, NEW DELHI., PIN - 110001
2 STATE OF KERALA
BY ADV M JAYAKRISHNAN VAZHOOR

ADV.K.V.MANOJ KUMAR, SR GP
ADV.VIDHYA KURIAKOSE, GP

2023:KER:45931

PRESENT
WP(C) NO. 21983 OF 2023
PETITIONER:
SHOUKATHALI, AGED 63 YEARS, S/O.ABDU PALAYAKKODEN
HOUSE, PANANGAGARA, RAMAPURAM PO MALAPURAM 679321
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENTS:
1 THE KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM
PO, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING
2 THE EXECUTIVE ENGINEER, (PH)DIVISION, KERALA WATER

AUTHORITY, UP HILL, MALAPPURAM- 676505
3 THE ASSISTANT EXECUTIVE ENGINEER,

PH SUB DIVISION , KERALA WATER AUTHORITY,
CHOLONGUNNU, PERINTALMANNA-, PIN - 679322
4 THE ASST ENGINEER, KERALA WATER AUTHORITY, PUBIC

HEALTH SECTION, WANDOOR, MALAPURAM - 679328
5 KERALA RURAL WATER SUPPLY AND SANITATION AGENCY,

REGIONAL PROJECT MANAGEMENT UNIT, MALAPURAM,
MMC.X/108- 112, 2 ND FLOOR, UMK TOWER JUBILEE ROAD,
UP-HILL , MALAPURAM - REP.BY ITS REGIONAL PROJECT

2023:KER:45931

PRESENT
WP(C) NO. 21985 OF 2023
PETITIONER:
SHOUKATHALI, AGED 63 YEARS, S/O.ABDU PALAYAKKODEN

HOUSE, PANANGAGARA, RAMAPURAM PO MALAPURAM-679321
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:

PO, THIRUVANANTHAPURAM - REPRESENTED BY ITS MANAGING
DIRECTOR - 695033
2 THE SUPERINTENDING ENGINEER (PH)DIVISION,

KERALA WATER AUTHORITY, KOZHIKODE PIN - 673104
3 THE ASSISTANT EXECUTIVE ENGINEER

(WATER SUPPLY PROJECT) SUB DIVISION , KERALA WATER
AUTHORITY, VATAKARA, KOZHIKODE - 673104
4 THE ASST ENGINEER, KERALA WATER AUTHORITY, WATER

SUPPLY PROJECT SECTION VATAKARA, KOZHIKODE 673104
5 ADDL.R5. THE EXECUTIVE DIRECTOR, KERALA RURAL WATER

SUPPLY AND SANITATION AGENCY (KRWSA), PTC TOWER, SS
KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM, PIN 695
001.
6 ADDL.R6. REGIONAL PROJECT DIRECTOR, KERALA RURAL WATER

SUPPLY AND SANITATION AGENCY (KRWSA), REGIONAL PROJECT
MANAGEMENT UNIT, MALAPPURAM, MMC.X/108-112, 2 ND
FLOOR, UMK TOWER, JUBILEE ROAD, UP HILL, MALAPPURAM,
PIN 676505. [ARE IMPLEADED AS PER ORDER DATED
19.07.2023 IN I.A.1/2023 IN WP(C)21985/2023.]
2023:KER:45931
BY ADVS.P.M.JOHNY
K.MOHANAKANNAN
ADV.GEORGIE JOHNY, SC

19.07.2023, ALONG WITH WP(C).35311/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2023:KER:45931

PRESENT
WP(C) NO. 22135 OF 2023
PETITIONERS:
1 SURESH K.R, AGED 57 YEARS, S/O. RAGHAVAN,

KUZHUVELIPADATH HOUSE, PANAYIKULAM P.O., ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683511
2 A. DOMINIC, AGED 68 YEARS, S/O. AUGUSTINE, AGED 68

YEARS, OLICKAL HOUSE, GREEN PARK COLONY, THODUPUZHA
TALUK, IDUKKI DISTRICT, PIN - 685584
BY ADVS.
GEORGE MATHEW
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:

695033

TRANSPORT & HIGHWAYS, (MORTH) TRANSPORT BHAWAN - 1,
PARLIAMENT STREET, NEW DELHI, PIN – 110001
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 22181 OF 2023
PETITIONER:
V.M. MAJEED, AGED 44 YEARS

S/O. MOIDEEN, VALIYAKATH HOUSE, THANIPADAM P.O,
POOVANCHIRA, THRISSUR DISTRICT., PIN - 680652
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
DIVYA R. NAIR
RESPONDENTS:

P.O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS
MANAGING DIRECTOR - 695010
2 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,

KALMANDAPAM P.O, PALAKKAD DISTRICT., PIN – 678013
SRI V V JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 22253 OF 2023
PETITIONER:
M/S. STREFA PROJECTS PRIVATE LTD, AGED 38 YEARS

ITS, DIRECTOR, P. CHANDRABABU, S/O. P. DASTAGIRI,
AGED 38 YEARS, PIN - 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
RESPONDENTS:
1 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING

DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM,

AUTHORITY, KALMANDAPAM, PALAKKAD DISTRICT * R2 IS
SUBSTITUTED AS "THE SUPERINTENDING ENGINEER, OFFICE
OF THE SUPERINTENDING ENGINEER, P.H.CIRCLE, KERALA
WATER AUTHORITY, THIRUVALLA, PATHANAMTHITTA- 689101"
AS PER ORDER DATED 11.07.2023 IN I.A.NO.1/23, PIN -
678001
3 GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY,

MINISTRY OF ROAD TRANSPORT & HIGHWAYS, (MORTH)
TRANSPORT BHAWAN - 1, PARLIAMENT STREET, NEW DELHI,
PIN – 110001
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 22359 OF 2023
PETITIONER:
D. MANOHARAN, AGED 68 YEARS, S/O. DAMODHARAN TC

20/1735-1 ATTUKAL BHAVAN, SASTRINAGAR, EAST KARAMANA
P.O THIRUVANANTHAPURAM, PIN - 695002
BY ADV AJITH KRISHNAN
RESPONDENTS:

MOULANA AZAD ROAD, NEW DELHI-110 108, REPRESENTED BY
ITS ADDITIONAL DEVELOPMENT COMMISSIONER 110108

SHANMUGHAM ROAD, KOCHI-682031, REPRESENTED BY ITS
MANAGING DIRECTOR., PIN - 682031
3 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY,

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
4 KERALA WATER AUTHORITY (KWA JALA BHAVAN, NANDHAVANAM,

VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REPRESENTED
BY ITS MANAGING DIRECTOR., PIN - 695033
5 *(SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY,

PUBLIC HEALTH CIRCLE, KOCHI) *[AS PER ORDER DATED
19/7/2023 IN WP(C) 22359/2023, THE ADDRESS OF R5 IS
CORRECTED AS: SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PUBLIC HEALTH CIRCLE, THRISSUR - 680 005],
PIN - 682001
BY ADV P.M.JOHNY, K V MANOJ KUMAR, SR GP

2023:KER:45931
ADV. VIDHYA KURIAKOSE, GP

2023:KER:45931

PRESENT
WP(C) NO. 22370 OF 2023
PETITIONER:
A.M UBAIDULLA, AGED 55 YEARS, S/O MUHAMMED, KIZHAKKE

ANJIKKATH HOUSE VADACODE P.O, KAIPADAMUGAL
KALAMASSERY -ERNAKULAM, PIN - 682021
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
AAKHIL MOHAMMED.P.M
RESPONDENTS:

DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN -
695033

SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE KERALA
WATER AUTHORITY, ALAPPUZHA, PIN - 688001
BY ADV P.M.JOHNY
ADV.V.V.JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 22479 OF 2023
PETITIONER:
ITS, DIRECTOR, P. CHANDRABABU, S/O. P. DASTAGIRI, PIN
- 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:
DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM,
PIN - 689101
PIN – 110001
ADV.P M JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 22537 OF 2023
PETITIONER:
ITS, DIRECTOR, P. CHANDRABABU, S/O. P. DASTAGIRI, PIN
- 500062
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:
DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM,

PIN - 689101

PIN - 110001
ADV. V V JOSHI, SC

2023:KER:45931

PRESENT
WP(C) NO. 22577 OF 2023
PETITIONER:
A.M UBAIDULLA, AGED 55 YEARS

S/O MUHAMMED, KIZHAKKE ANJIKKATH HOUSE VADACODE P.O,
KAIPADAMUGAL KALAMASSERY -ERNAKULAM, PIN - 682021
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
AAKHIL MOHAMMED.P.M
RESPONDENTS:
DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM,

AUTHORITY,ALAPPUZHA, PIN - 688001
3 GOVERNMENT OF INDIA, , REPRESENTED BY ITS SECRETARY,

PIN - 110001

2023:KER:45931

PRESENT
WP(C) NO. 22661 OF 2023
PETITIONER:
BABURAJ.P.K, AGED 54 YEARS

S/O P. KUNJIRAMAN, RESIDING AT MANASAM HOUSE, MAMBA,
ANJARAKANDY, KOZHIKODE, PIN - 670561
BY ADVS.
TESSY JOSE
ELDHO PAUL
RESPONDENTS:
1 1. KERALA WATER AUTHORITY, REPRESENTED BY THE

MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM,
2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY,

P.H.CIRCLE, KANNUR,, PIN - 670012
ADV. GEORGIE JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 22694 OF 2023
PETITIONER/S:
M/S HILL TRACK CONSTRUCTIONS PVT. LTD, REPRESENTED BY

ITS MANAGING DIRECTOR, DEVASIA P.A, AGED 69 YEARS,
S/O AUGUSTY, PUTHUPPARAMBIL HOUSE, NADAVAYAL POST,
PANAMARAM, WAYANAD, PIN - 670721
BY ADV ASHIK TOM
RESPONDENT/S:


SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE KERALA
WATER AUTHORITY, PALAKKAD, PIN - 678001
PARLIAMENT STREET, NEW DELHI, PIN - 110001
BY ADV P.M.JOHNY

2023:KER:45931

PRESENT
WP(C) NO. 22213 OF 2023
PETITIONER:
VISHAK.M.R
AGED 37 YEARS
S/O. D. MANOHARAN, TC 20/1735-1 ATTUKAL BHAVAN,
SASTRINAGAR, EAST KARAMANA P.O.,
THIRUVANANTHAPURAM – 695002.
BY ADVS.
AJITH KRISHNAN
V.P.RAMESAN
RESPONDENTS:

ITS ADDITIONAL DEVELOPMENT COMMISSIONER.

3 STATE OF KERALA
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 KERALA WATER AUTHORITY (KWA), JALA BHAVAN

NANDHAVANAM,VELLAYAMBALAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695033
KERALA WATER AUTHORITY,PUBLIC HEALTH CIRCLE,
2023:KER:45931
THRISSUR – 682 001
KERALA WATER AUTHORITY, MUVATTUPUZHA,
ERNAKULAM, PIN - 686661
OTHER PRESENT:

SRI.S.MANU, DSGI
SRI P.M. JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 22707 OF 2023
PETITIONER:
D. MANOHARAN
AGED 68 YEARS
S/O DAMODHARAN TC 20/1735-1 ATTUKAL BHAVAN,
SASTRINAGAR, EAST KARAMANA P.O,
BY ADVS.
AJITH KRISHNAN
V.P.RAMESAN
RESPONDENTS:

ITS ADDITIONAL DEVELOPMENT COMMISSIONER., PIN -
110108
2 NATIONAL SMALL INDUSTRIES CORPORATION LTD., S-67 GCDA

COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD,
KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR – 682 031
3 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY,

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
4 KERALA WATER AUTHORITY (KWA), JALA BHAVAN,

NANDHAVANAM, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695
033, REPRESENTED BY ITS MANAGING DIRECTOR.
5 EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,

VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033.
OTHER PRESENT:
2023:KER:45931

SRI.S.MANU, DSGI

2023:KER:45931

PRESENT
WP(C) NO. 22708 OF 2023
PETITIONER:
A.B. MOHAMMED SHAFI

AGED 56 YEARS
POVVAL, MULIYAR, KASARAGOD DISTRICT, PIN - 671542
BY ADVS.
MOHAMMED SHAFI.K
ARCHANA K.S.
HRISHIKRISHNAN
RESPONDENTS:
STREET, NEW DELH, PIN - 110001
2 SUPERINTENDING ENGINEER, HARBOUR ENGINEERING

DEPARTMENT, NORTH CIRCLE, KOZHIKODE, PIN- 673 006.
BY ADV.
SRI.SRI.K.V.MANOJ KUMAR, SR.GP
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 22727 OF 2023
PETITIONER:
SHERIEF B.A.
AGED 42 YEARS
S/O. ABDUL KUNHI HAJI BERKA, CONTRACTOR, BERKA HOUSE,
NELLIKATTA, EDNEER P.O., PADY,
KASARAGOD DISTRICT, PIN - 671541
BY ADVS.
HRISHIKRISHNAN
ARCHANA K.S.
MOHAMMED SHAFI.K
RESPONDENTS:
STREET, NEW DELHI, PIN - 110001
KERALA WATER AUTHORITY, P.H. CIRCLE KANNUR,
PIN – 670012
BY ADV.

2023:KER:45931

PRESENT
WP(C) NO. 22922 OF 2023
PETITIONER:

ITS, DIRECTOR, P. CHANDRABABU, S/O. P. DASTAGIRI,
PIN – 500062, AGED 38 YEARS
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT,

695033

KERALA WATER AUTHORITY, KARBALA, KOLLAM DISTRICT,
PIN - 691001
2023:KER:45931

5 JJM-V DIVISION
NATIONAL JAL JEEVAN MISSION, DEPARTMENT OF DRINKING
WATER & SANITATION, MINISTRY OF JAL SHAKTHI, REP BY
ITS SECRETARY, CENTRAL SECRETARIAT, NEW DELHI, PIN –
110001
BY ADV.
SRI.SRI.K.V.MANOJ KUMAR, SR.GP

2023:KER:45931

PRESENT
WP(C) NO. 22924 OF 2023
PETITIONER:
A.M UBAIDULLA,
AGED 55 YEARS
S/O MUHAMMED, KIZHAKKE ANJIKKATH HOUSE VADACODE P.O,
KAIPADAMUGAL KALAMASSERY - ERNAKULAM, PIN - 682021
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
RESPONDENTS:

695033

KERALA WATER AUTHORITY, ALAPPUZHA, PIN - 688001
3 GOVERNMENT OF INDIA,
OTHER PRESENT:
2023:KER:45931

2023:KER:45931

PRESENT
WP(C) NO. 22957 OF 2023
PETITIONER:
AKSHAY K S
AGED 28 YEARS
S/O KUMARAN NAIR, THRIKKETTA, CHANDANAPURATH VEEDU
VISHNU NAGAR, POWDIKONAM P.O, THIRUVANANTHAPURAM,
PIN - 695588
BY ADVS.
ANIL GEORGE
DAJISH JOHN
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
AAKHIL MOHAMMED.P.M
RESPONDENTS:


OFFICE OF THE EXECUTIVE ENGINEER, HEAD WORK DIVISION
KERALA WATER AUTHORITY, ARUVIKKARA P.O,
2023:KER:45931
BY ADV.
SRI. P.M.JOHNY,SC

2023:KER:45931

PRESENT
WP(C) NO. 23123 OF 2023
PETITIONER:
P.A. SATHAR
AGED 62 YEARS
S/O. T.P ABDULLA, T P MAHAL, TIPPU NAGAR, KOLLAMBADY,
ADKATHBAIL, KASARAGOD, PIN - 671121
BY ADVS.
ARCHANA K.S.
MOHAMMED SHAFI.K
HRISHIKRISHNAN
RESPONDENTS:
STREET, NEW DELHI, PIN - 110001
PUBLIC WORKS DEPARTMENT (BUILDINGS), KASARAGOD,
PIN - 671121
OTHER PRESENT:
SRI.K.V.MANOJ KUMAR, SR.GP, SMT.VIDYA KURIAKOSE, GP

SRI.S.MANU, DSGI

2023:KER:45931

PRESENT
WP(C) NO. 23161 OF 2023
PETITIONER:
MIDLAND ENGINEERING AND CONTRACTING COMPANY

REP. BY ITS MANAGING PARTNER, VARIKODAN BUILDING,
VALIYAPARAMBA, DOWN HILL.P.O, MALAPPURAM, PIN -
676519
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:

REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN,

O/O. THE SUPERINTENDING ENGINEER, PH CIRCLE -
KOZHIKODE, MALAPARAMBA.P.O., KOZHIKODE, PIN - 673009
BY ADV.
SRI. P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 23366 OF 2023
PETITIONER:
MIDLAND ENGINEERING AND CONSTRUCTION COMPANY

REP. BY ITS MANAGING PARTNER, VARIKODAN BUILDING,
VALIYAPARAMBA, DOWN HILL.P.O, MALAPPURAM, PIN -
676519
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:

REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN,

O/O. THE SUPERINTENDING ENGINEER, (PH CIRCLE -
MALAPPURAM), KERALA WATER AUTHORITY, MALAPPURAM,
PIN - 676505
OTHER PRESENT:
SRI.P.M.JOHNY, SC

2023:KER:45931

PRESENT
WP(C) NO. 19091 OF 2023
PETITIONER/S:
CEEYECH CONSTRUCTIONS PRIVATE LIMITED
15/862, CEEYECH BUILDING, NEAR LULU BAKERY, CHERKALA,
KASARAGOD DISTRICT, PIN-671541, REPRESENTED BY ITS
DIRECTOR, SANAHUL MAHZOOK C.A., AGED 28 YEARS, S/O.
ABDULLA, CHERKALA HOUSE, CHENGALA, KASARAGOD
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENT/S:
110001
2 STATE OF KERALA
3 SUPERINTENDING ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS CENTRAL CIRCLE ALUVA,
ERNAMKULAM DISTRICT., PIN - 683101
OTHER PRESENT:

19.07.2023, ALONG WITH WP(C).35311/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2023:KER:45931

PRESENT
WP(C) NO. 19122 OF 2023
PETITIONER/S:
CEEYECH CONSTRUCTIONS PRIVATE LIMITED

15/862, CEEYECH BUILDING, NEAR LULU BAKERY, CHERKALA,
KASARAGOD DISTRICT, PIN-671541, REPRESENTED BY ITS
DIRECTOR, SANAHUL MAHZOOK C.A., AGED 28 YEARS, S/O.
ABDULLA, CHERKALA HOUSE, CHENGALA, KASARAGOD
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENT/S:
1 UNION OF INDIA
110001
2 STATE OF KERALA

KERALA WATER AUTHORITY, PH CIRCLE, HIGH ROAD, SAKTHAN
THAMPURAN NAGAR, THRISSUR., PIN - 680001

2023:KER:45931

PRESENT
WP(C) NO. 18770 OF 2023
PETITIONER/S:
MT MOHAMMED KUNHI
AGED 65 YEARS
S/O MT ABDUL RAHIMAN, CONTRACTOR, ARAFAT MANZIL,
THEKKIL FERRY PO, CHENGALA, KASARGOD DISTRICT., PIN -
671541
BY ADVS.
MOHAMMED SHAFI.K
K.S.ARCHANA
HRISHIKRISHNAN
RESPONDENT/S:
2 STATE OF KERALA
3 THE CHIEF ENGINEER
PWD (ROADS), PUBLIC OFFICES, VIKAS BHAVAN PO,
PWD (ROADS), NORTH CIRCLE, PWD COMPLEX, MANANCHIRA,
KOZHIKODE., PIN - 673001
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP, SRI.S.MANU, DSGI

2023:KER:45931
‘CR’
P.V.KUNHIKRISHNAN, J
---------------------------------------
WP(C) Nos.35311/2022, 12799/2023, 12808/2023, 12836/2023,
12884/2023, 12904/2023, 12908/2023, 12946/2023, 12994/2023,
13012/2023, 13268/2023, 13279/2023, 13304/2023, 13413/2023,
13729/2023, 13772/2023, 14027/2023, 14216/2023, 14493/2023,
14580/2023, 15018/2023, 15027/2023, 15130/2023, 15157/2023,
15163/2023, 15192/2023, 15215/2023, 15223/2023, 15307/2023,
15322/2023, 15340/2023, 15612/2023, 15714/2023, 15736/2023,
15882/2023, 16416/2023, 16438/2023, 16688/2023, 16762/2023,
16788/2023, 16852/2023, 16860/2023, 17062/2023, 17101/2023,
17162/2023, 17200/2023, 17204/2023, 17225/2023, 17241/2023,
17242/2023, 17257/2023, 17260/2023, 17296/2023, 17381/2023,
17405/2023, 17407/2023, 17481/2023, 17752/2023, 17967/2023,
17996/2023, 17997/2023, 18091/2023, 18115/2023, 18400/2023,
18819/2023, 19008/2023, 19030/2023, 19229/2023, 19252/2023,
19281/2023, 19295/2023, 19425/2023, 19438/2023, 19704/2023,
19884/2023, 19909/2023, 21935/2023, 21983/2023, 21985/2023,
22135/2023, 22181/2023, 22213/2023, 22253/2023, 22359/2023,
22370/2023, 22479/2023, 22537/2023, 22577/2023, 22661/2023,
22694/2023, 22707/2023, 22708/2023, 22727/2023, 22922/2023,
22924/2023, 22957/2023, 23123/2023, 23161/2023, 23366/2023,
35322/2022, 18770/2023, 19091/2023, 19122/2023
----------------------------------------------------------------
Dated this the 19th day of July, 2023
JUDGMENT
There are a catena of decisions of this Court and Apex
Court about the jurisdiction of this Court under Article 226 of
the Constitution of India to interfere in contractual matters. The
normal rule is that the jurisdiction of this Court to interfere in
contractual matters is very limited. But, the parties to the

2023:KER:45931
contract are approaching this court in almost all contractual
matters contending that their case will come within the sphere
of this limited jurisdiction under Article 226 of the Constitution
of India. Therefore, now the constitutional courts are forced to
consider each and every contractual matter that comes before it
and determine whether the same will come within the four
corners of the limited jurisdiction of this Court under Article 226
of the Constitution to warrant the Court’s interference.
2. The main contention of the petitioners in these batch
of cases is regarding the applicability of certain office
memorandums issued by the Government of India by which the
payment of the performance guarantee and additional
performance guarantee to be paid by contractors as per the
Notice Inviting Tender (NIT) were relaxed due to the Covid 19
pandemic economic slow down. In tune with some of the
Government of India orders, the State of Kerala issued certain
orders reducing the performance guarantee to be paid and also
granting exemption regarding the payment of additional
performance guarantee, while executing agreements for the

2023:KER:45931
contract works.
3. The petitioners in these batch cases are contractors
working under the Public Works Department and also under the
Kerala Water Authority. The points raised in these batch cases
were actually considered by this Court in detail as per judgment
dated 21.03.2023 in WP(C)No.14051/2022 and connected
cases. After the disposal of the above cases, a writ appeal was
filed in one of the cases and an interim order was passed in the
writ appeal. Thereafter these batch of cases are filed.
Contentions almost similar to the contentions which were
previously decided by this Court in the judgment dated
21.03.2023 in WP(C) No.14051/2022 and connected cases are
raised in these writ petitions also.
4. The arguments were advanced in these writ petitions
mainly by Adv. Babu Joseph Kuruvathazha, Adv. V. Premchand
and Adv. George Mathew. All other lawyers also endorse the
arguments of the above lawyers. Therefore, I will take WP(C)
No.22727/2023 filed by Adv. Babu Joseph Kuruvathazha, WP(C)
No.19229/2023 filed by Adv. V. Premchand and WP(C)

2023:KER:45931
No.13012/2023 filed by Adv. George Mathew as leading cases. I
will narrate the brief facts in the above three cases which will be
sufficient for understanding the pleadings and contentions of all
the petitioners in these batch cases.
5. WP(C) No.22727/2023 is filed by a contractor having
an A Class registration. In response to the tenders issued by
the Kerala Water Authority, the petitioner in that case submitted
the tender and he was issued with a letter of acceptance dated
04.07.2023 as evidenced by Ext.P1 in that writ petition. In
Ext.P1 letter of acceptance, it is stated that the petitioner was
directed to furnish 5% of the contract value towards the
performance guarantee and to pay an amount of
Rs.3,93,12,431/- towards additional performance guarantee. It
is submitted that as per Ext.P2 Office Memorandum
No.F.9/4/2020-PPD dated 12.11.2020 (for short OM dated
12.11.2020 regarding the performance guarantee) issued by
the Government of India it is ordered that the performance
guarantee would be restricted to 3% of the value of the work
and there would be no subsequent increase in the performance

2023:KER:45931
guarantee even beyond 31.12.2021.
6. Ext.P3 is the Office Memorandum No.F.9/4/2020-PPD
dated 12.11.2020 regarding the additional performance
guarantee (for short OM 12.11.2020 regarding additional
performance guarantee). Exts.P2 and P3 are on the same date.
In the OM dated 12.11.2020, regarding additional performance
guarantee, it is stated that no provision should be kept in the
bid document regarding the additional guarantee deposit / bank
guarantee in case of abnormally low bids. Based on Exts.P2
and P3 in this writ petition, the Government of Kerala issued
G.O.(P) No.7/2021/FIN dated 07.01.2021 as evidenced by
Ext.P4, in which the additional performance guarantee is waived
and the performance guarantee is restricted to 3% of the value
of the work. Ext. P4 is issued after referring to Exts.P2 and P3.
Subsequently, as per Ext.P5 Office Memorandum
No.F./9/4/2020-PPD dated 30.12.2021 (for short OM dated
30.12.2021), the Government of India extended the benefit
conferred as per Ext.P2 up to 31.03.2023. Subsequent to
Ext.P5, Government of Kerala issued G.O.(P) No.32/2022/FIN

2023:KER:45931
dated 15.03.2022 as evidenced by Ext.P6 extending the time
limit for providing performance guarantee in terms of Exts.P2
and P5 up to 31.03.2023. It is the case of the petitioner that in
Ext.P6 there was no direction regarding the additional
performance guarantee and therefore it is contented that since
there is no cut-off date in the matter of additional performance
guarantee in Ext.P3 OM dated 12.11.2020, the said OM is in
force and binding upon the 2nd respondent Water Authority is
the contention. Hence, it is contented that the additional
performance guarantee as insisted by the 2 nd respondent in
Ext.P1 is erroneous, arbitrary and illegal. It is also submitted
that, as per Ext.P7 order dated 04.05.2023 the performance
guarantee is reduced to 3% of the contract value.
7. Therefore, the very insistence of additional performance
guarantee in Ext. P1 is arbitrary and the insistence of 5% of the
contract value towards the performance guarantee, instead of
3% is also erroneous is the contention.
8. W.P.(C) No.19229/2023 is filed by an A-class
Contractor mainly involved in executing various works inclusive

2023:KER:45931
of laying pipes for Kerala Water Authority, the 1 st respondent in
this case. Ext.P1 produced in that case is the selection notice
issued by the Kerala Water Authority. This writ petition is filed
for quashing Ext.P1 to the extent it stipulates to furnish
additional performance guarantee and to declare that Ext.P1 to
the extent it directs to furnish additional performance guarantee
@Rs.3,84,288/- is against Ext.P4 Government Order dated
10.01.2019. It is contended that, Ext.P4 Government Order is
to the effect that if the quoted amount of lowest bidder is X%
below estimated PAC, the additional performance guarantee
amount shall be (X-10)% of the estimated PAC. Therefore,
additional performance guarantee can be fixed only in terms of
equation given in Ext.P4 G.O, which forms part of the NIT. The
other prayer in this writ petition is to issue direction to the
respondents to demand only 3% of the contract value as
performance guarantee based on Ext.P2 Government Order
produced in this writ petition. The prayers in this writ petition
are extracted hereunder:
“i) Call for records leading to Ext.P1 quash the

same to the extent it stipulates to furnish Additional
2023:KER:45931
Performance Guarantee @3,84,288/- by a writ of certiorari

or any other appropriate writ direction or order.
ii) Declare that Ext.P1 to the extent it stipulates the
direction to furnish Additional Performance Guarantee @
3,84,288/- is against Ext.P4 Government Order and that the
petitioner is liable to deposit only 3% of the contract value
as Performance Guarantee since Ext.P1 being a new tender
as envisaged in Ext.P2 Government Order.
iii) Issue a writ of mandamus or any other
appropriate writ, direction or order directing respondents to
demand only 3% of the contract value as Performance
Guarantee since Ext.P1 being a new tender as envisaged in
Ext.P2 Government Order.
vi) The petitioner also prays that this Hon’ble Court
may be pleased to dispense with the translation of the
documents produced in the vernacular language.
v) Any other reliefs this Hon’ble Court deems fit.”
9. W.P.(C)No.13012/2023 is filed by various Contractors
under the Kerala Water Authority. The prayers are extracted
hereunder:
“i) To call for the records which lead to the

issuance of Ext.P2 and to issue writ in the nature of
certiorari or any other appropriate writ, order or direction
quashing the direction therein to remit additional
performance guarantee as it is against Exts.P3 to P5.
ii) To declare that petitioner is not liable to make
deposit of additional performance guarantee as per Ext.P3
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– G.O.(P)No.429/2015/FIN dated 28.09.2015, Ext.P4 –

G.O(P) No.19/2016/FIN dated 03.02.2016 and Ext.P5
G.O(P) No.1/2019/FIN dated 10.01.2019 and Ext.P5 – G.O.
(P) No.168/2019/FIN dated 07.12.2019 issued by Finance
Department (Industries & Public Works-B) as agreed rates
are 9.16% above tendered PAC;
iii) To grant such other reliefs and costs as this
Hon’ble Court deems fit in the facts and circumstances of
the case;
iv) The Petitioner also prays that this Hon’ble Court
may be pleased to dispense with production of translated
copies exhibits and documents produced in the case and
are in vernacular language.”
10. Ext.P2 in that case is the work order issued by the 2 nd
respondent to the petitioners. The petitioners are relying on
Ext.P3 to P5 which are the Government Orders dated
28.09.2015, 03.02.2016 and 10.01.2019 respectively. It is also
stated that the petitioner is not liable to make deposit of
additional performance guarantee.
11. Heard Adv.Babu Joseph Kuruvathazha, Adv.George
Mathew, Adv.V.Premchand and other lawyers appearing in these
cases. I also heard senior Government Pleader Adv.K.V.Manoj
Kumar and learned Government Pleader Smt.Vidya Kuriakose

2023:KER:45931
for the respondents. I also heard learned Standing Counsels
appearing for the Kerala Water Authority. The Deputy Solicitor
General of India argued the case on behalf of Union of India.
Both sides submitted argument notes and also raised their
contentions before the Court.
12. The main contention of the petitioners in this writ
petition is against the demand for payment of the performance
guarantee at the rate of 5% instead of 3% and the direction to
furnish the additional performance guarantee as per the NIT. All
the petitioners are mainly relying on the orders passed by the
Government of India issued by way of Office Memorandum on
different dates. The Office Memorandum dated 12.11.2020
regarding the performance guarantee states that it is an Office
Memorandum issued as per Rule 171 of the General Financial
Rules 2017. Similarly, the Office Memorandum dated
12.11.2020 regarding the additional performance guarantee and
also OM dated 30.12.2021 extending the validity of O.M. dated
12.11.2020 regarding the performance guarantee till
31.03.2023 are all issued as per the Rules in the General

2023:KER:45931
Financial Rules.
13. The Deputy Solicitor General of India filed notes of
argument in W.P(C).No.22727/2023, in which, the relevant
portion of the General Financial Rules is produced. Rule (1) of
General Financial Rules is extracted hereunder:
‘Rule 1
Short Title and Commencement: These rules may be
called General Financial Rules, 2017 and they shall come
into force at once and shall be applicable to all Central
Government Ministries/Departments, attached and
subordinate bodies. The provisions contained in GFRs are
deemed to be applicable to Autonomous Bodies except to
the extent the bye-laws of an Autonomous Body provides
for separate Financial Rules which have been approved by
the Government.’
14. From Rule (1), it is clear that the Rules are applicable
to all Central Government Ministries/Departments, attached and
subordinate bodies. The provisions contained in GFRs are
deemed to be applicable to Autonomous Bodies except to the
extent the bylaws of an Autonomous Body provides for separate
Financial Rules which have been approved by the Government.
Similarly, Rule 116 of the GFR deals with the principles

2023:KER:45931
governing transaction in connection with the agency functions
entrusted to State Government. Rule 232 deals with the general
principles for award of grants-in-aid for centrally sponsored
schemes. A perusal of O.M. dated 12.11.2020 regarding the
performance guarantee and the O.M. dated 12.11.2020
regarding the additional performance guarantee would show
that these are Office Memorandums issued by the Government
of India invoking the powers of Rule 171 of General Financial
Rules, 2017. The Government issued such Office Memorandums
based on the receipt of many representations on account of the
economic slow down due to the pandemic. It is stated in the
Office Memorandum that there is an acute financial crunch
among many commercial entities and Contractors which in turn
is affecting timely execution of the contracts. It has been
represented that this may affect the ability of the Contractors to
bid in tenders and hence reduce competition. A bare perusal of
O.M. dated 12.11.2020 regarding the performance guarantee
and the O.M. dated 12.11.2020 regarding the additional
performance guarantee would show that these Office

2023:KER:45931
Memorandums are not binding on the State Governments. But,
in tune with the O.M. dated 12.11.2020 regarding the
performance guarantee and O.M. dated 12.11.2020 regarding
the additional performance guarantee, the Government of
Kerala also issued G.O.(P) 7/2021/FIN dated 07.01.2021
adopting the Office Memorandum of the Government of India.
As per G.O. dated 07.01.2021, the performance
security/performance deposits to be submitted at the time of
executing the agreement is reduced from the existing rate of
5% to 3% of the contract value. The additional performance
guarantee is waived for the low quoted items on the condition
that the bidder shall furnish an undertaking to execute all low
quoted items in full as per the contract terms. A bare perusal of
G.O. dated 07.01.2021 of the Government of Kerala would show
that such a Government order is not issued because of the
mandate from the Government of India. In this G.O., the State
Government has clearly stated that, since the State
Governments were requested by the Government of India to
consider issuing similar instructions in respect of procurement

2023:KER:45931
by the State Government, by State Government under public
undertakings, local bodies and all other agencies controlled by
them, the Government examined the matter and issued the
G.O. dated 07.01.2021. There is no compulsion from the
Government of India requiring the State Governments to issue
such an order. But, the State Government considering the
COVID – 19 pandemic situation, adopted the Office
Memorandums issued by the Government of India and issued
G.O(P).No. 7/2021/FIN dated 07.01.2021. Therefore, the
Contractors of public works department are entitled to the
benefit of GO(P) 7/2021/FIN dated 07.01.2021. Similarly, by
virtue of Regulation 5(3) of the Kerala Water Authority
(Authentication of Orders, Assurance of Property and Execution
of Contracts) Regulations, 1992, the PWD Code has been made
applicable to the contracts entered into by and between the
Kerala Water Authority. The PWD manual, stipulates that in
case of item wise contracts, the schedule shall contain only the
specifications for items and quantities. Therefore the Kerala
Water Authority is bound to adhere to the stipulations contained

2023:KER:45931
in PWD manual. Hence the Government Order is applicable to
the contractors under the Kerala Water Authority.
15. Therefore, the contractors under the Public Works
Department and the Contractors under the Kerala Water
Authority can take the benefit of the Government Order dated
07.01.2021 and not the Government of India Office
Memorandums dated 12.11.2020 as far as the performance
guarantee and the additional performance guarantee are
concerned. After the Government Order dated 07.01.2021 of
the Government of Kerala, the Government of India as per the
Office Memorandum dated 30.12.2021 extended the validity of
the Office Memorandum dated 12.11.2020 regarding the
performance guarantee till 31.03.2023. Based on the Office
Memorandum dated 30.12.2021, the Government of Kerala
again issued G.O.(P) No.32/2022/FIN dated 15.03.2022 by
which Government of Kerala examined the matter and was
pleased to extend the relaxation in performance guarantee
ordered as per Government Order dated 07.01.2021 for a
further period up to 31.03.2023. Therefore, the Contractors

2023:KER:45931
under the Public Works Department and the Contractors under
the Kerala Water Authority are entitled to the benefits of G.O.
(P) No.07/2021/FIN dated 07.01.2021 and G.O.(P)
No.32/2022/FIN dated 15.03.2022. As per G.O.(P)
No.07/2021/FIN dated 07.01.2021, the additional performance
guarantee is waived for the low quoted items on condition that
the bidder shall furnish an undertaking to execute all low quoted
items in full as per contract terms. It is also stated in this
Government Order that performance guarantee/security deposit
to be submitted at the time of executing the agreement is
reduced from the existing rate of 5% to 3% of the contract
amount. But, in this Government Order, it is clearly stated that
the above relaxations on account of Covid-19 pandemic are
made applicable for works initially for one year and would be
reviewed post that date. It is also stated in this government
order that it is made applicable to all new tenders as well as
works which have been tendered and awarded but agreements
have not been signed by the winning bidder. But, in the G.O.(P)
No.32/2022/FIN dated 15.03.2022, Government of Kerala

2023:KER:45931
extended the relaxation in performance guarantee alone ordered
as per G.O.(P) No.7/2021/FIN dated 07.01.2021. There is no
relaxation given to the contractors regarding additional
performance guarantee as per G.O.(P) No.32/2022/FIN dated
15.03.2022. Therefore, after the period mentioned in the G.O.
(P).No.07/2021/FIN dated 07.01.2021, the contractors are
bound to pay additional performance security. Similarly, as per
G.O.(P) No.32/2022/FIN dated 15.03.2022, the performance
guarantee at the rate of 3% of the contract amount is extended
up to 31.03.2023. Only these two orders are applicable to the
contractors under the Public Works Department and to the
contractors under the Kerala Water Authority.
16. Adv.Babu Joseph Kuruvathazha argued that the office
memorandum dated 12.11.2020 regarding the additional
performance guarantee is in force even now and binds upon all
States and Union Territory including State of Kerala. Learned
counsel relied on Article 254 of the Constitution of India to
contend that the office memorandums issued by the
Government of India are binding on the State Governments. It

2023:KER:45931
would be better to extract Article 254 of the Constitution of
India.
“254. Inconsistency between laws made by Parliament

and laws made by the Legislatures of States.—(1) If any
provision of a law made by the Legislature of a State is
repugnant to any provision of a law made by Parliament,
which Parliament is competent to enact, or to any provision
of an existing law with respect to one of the matters
enumerated in the Concurrent List, then, subject to the
provisions of clause (2), the law made by Parliament,
whether passed before or after the law made by the
Legislature of such State, or, as the case may be, the
existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the
repugnancy, be void.
(2) Where a law made by the Legislature of a State
with respect to one of the matters enumerated in the
Concurrent List contains any provision repugnant to the
provisions of an earlier law made by Parliament or an
existing law with respect to that matter, then, the law so
made by the Legislature of such State shall, if it has been
reserved for the consideration of the President and has
received his assent, prevail in that State:
Provided that nothing in this clause shall prevent Parliament
from enacting at any time any law with respect to the same
matter including a law adding to, amending, varying or
repealing the law so made by the Legislature of the State. "
2023:KER:45931
17. A bare perusal of Article 254 of the Constitution of
India would show that it is applicable to provisions of law made
by the State Legislature which is repugnant to any provisions of
a law made by the Parliament, which the Parliament is
competent to enact, or to any provision of an existing law with
respect to one of the matters enumerated in the Concurrent
List. Petitioners in these cases are relying on office
memorandums issued by the Government of India. Admittedly,
those office memorandums are issued based on General
Financial Rules, 2017 in which it is clearly stated that the same
is applicable only to Central Government Ministries/Departments
attached and subordinate bodies. It is also stated that the
provisions contained in General Financial Rules are deemed to
be applicable to autonomous bodies except to the extent the
bye-laws of an Autonomous body provides for separate financial
rules which have been approved by the Government. Office
memorandums issued by the Government of India are not law
made by the Parliament. Therefore, Article 254 of the
Constitution of India has no application in the facts and

2023:KER:45931
circumstances of this case.
18. Adv.Babu Joseph Kuruvathazha relied on the
judgment dated 21.10.2022 in S.L.P (C) No.21108-21109 of
2021 to support his contention. I am of the considered opinion
that the above decision is not at all applicable to the facts and
circumstances of the cases. In that decision, Apex Court
observed that being a subordinate legislation, UGC Regulations
become part of the Act. In case of any conflict between the
State legislation and Central legislation, Central legislation
should prevail by applying the principle of repugnancy under
Article 254 of the Constitution of India. Office memorandums
issued by the Government of India based on General Financial
Rules of 2017 is not a law made by the Parliament and
therefore, Article 254 of the Constitution has no application at
all.
19. Furthermore, this point was considered by this Court
in the earlier litigation on the same issue. In the judgment
dated 21.03.2023 in W.P.(C) No.14051/2022 and connected
cases, this Court considered this issue in detail after referring to

2023:KER:45931
the facts and concluded like this in paragraphs 24 to 28. It will
be better to extract paragraphs 24 to 28 in the common
judgment dated 21.03.2023 in W.P.(C) No.14051/2022 and
connected cases.
“24. In the Statement filed for and on behalf of the

Government of India, it is unequivocally stated that the
memoranda issued by it would not bind the State
Government, rather they apply only to the Central
Ministries, its Departments and Central Public Sector
Undertakings. It is also specified that the said aspect is
clearly stated in the referred memorandums.
25. The elaborate discussion of facts made above
would make it clear that the prime contention advanced by
the petitioners is that the Office memoranda issued by the
Government of India in respect of various kinds of contracts
during the pandemic Covid-19 is binding on the State
Government. In my considered opinion, the same cannot be
sustained under law.
26. As I have pointed out above, on an analysis of the
Office Memoranda successively issued by the Government
of India with respect to different kinds of contract, it is
categoric and clear that they are intended for the use of the
Central Government Departments and Public Sector
Undertakings. It is true, the State Government, taking into
account the pandemic Covid-19 situation, has risen to the
occasion and granted relaxations in the matter of
Performance Guarantee, Additional Performance Guarantee
and other Bid Securities. But, in the subsequent extension
2023:KER:45931
order dated 15.03.2022, the relaxation granted was only in

respect of the Performance Guarantee to the extent
mentioned in the State Government Notification dated
07.01.2021 and nothing else.
27. It is relevant and important to note that the
tenders were invited by the Kerala Water Authority clearly
specifying the requirements in the Notice Inviting Tender
and the Government Orders referred to therein. Therefore, I
am of the view that after participating in the tender with
open eyes, the petitioners cannot turn around and contend
that they are not liable to furnish Additional Performance
Guarantee in terms of the provisions of the Notice Inviting
Tender and the applicable State Government orders.
28. I am of the considered opinion that when tenders are
invited taking into consideration the manner in which the
item wise rates of contract are to be tackled by the
Government Departments and other Public Sector
Undertakings, the Kerala Water Authority was entitled to
insist the successful bidders to execute the agreement in
terms of the Notice Inviting Tenders and other Government
orders. Even though in some writ petitions, the petitioners
have a contention that in the Notice Inviting Tender, the
item wise rate schedule was not incorporated, it is clear that
the State Government have issued notification dated
28.09.2015 in that regard, which was later modified by the
Government Orders dated 07.12.2019, by which the
manner in which the Additional Performance Guarantee is to
be required for the work quoted below the estimate rate,
and quoted, between 11% to 25% below the estimate rate,
is prescribed."
2023:KER:45931
After the above findings by the learned Single Judge of this
Court, these writ petitions are filed relying on the same office
memorandum of the Government of India. I am in perfect
agreement with the observation of the learned Single Judge in
paragraphs 24 to 28 in the common judgment dated 21.03.2023
in W.P.(C) No.14051/2022 and connected cases.
20. Then, it is contended that Writ Appeal is filed against
one of the judgments and the Division Bench in
W.A.No.725/2023 passed an interim order. It will be beneficial
to extract the order dated 05.04.2023 in W.A.No.725/2023.
“Admit.
2. Respondents entered appearance.
3. The point involved in the matter is whether an additional
performance guarantee can be required to be furnished by
the writ petitioner with reference to the Government Order,
not mentioned in the NIT based on subsequent Government
Orders modifying the method of calculation of additional
performance guarantee mentioned in the Government
Order mentioned in the NIT.
4. Having considered the question as above and taking note
of the fact that the writ petitioner has already been
engaged by the Kerala Water Authority, we are of the view
that the additional performance guarantee shall be insisted
2023:KER:45931
only with reference to the manner referred to in the

Government Order referred to in the NIT. The interim order
passed by the learned Single Judge in the matter will
continue, subject to the further condition that the final bill
need not be released to the appellant-contractor. Post on
01.06.2023."
21. Division Bench of this Court only observed that the
additional performance guarantee shall be insisted only with
reference to the manner as laid down in the government order
referred to in the NIT. It is also observed that the impugned
order passed by the learned Single Judge in the matter will
continue subject to the further condition that the final bill need
not be released to the appellant contractor. There was a
dispute regarding the interim order passed by the learned Single
Judge in W.P.(C) No.4845/2023 which is refered in the above
order of Division Bench. Hence this Court called for the Judge's
paper in W.P.(C) No.4845/2023. The interim order passed in the
above case on 06.03.2023 is extracted hereunder.
“Pendency of this writ petition will not stand in the

way of the Kerala Water Authority drawing up bills on
the basis of the works carried out by the petitioner.
2023:KER:45931
The same shall be released after securing further

orders from this Court.
Learned Standing Counsel is directed to file a
statement within ten days.
Post on 21.03.2023.”
22. In the light of the above interim order passed by the
Division Bench and also the interim order passed by the learned
Single Judge in W.P.(C) No.4845/2023, it is clear that, in effect,
there is no stay of the common judgment dated 21.03.2023 in
W.P.(C) No.14051/2022. Moreover, the interim order passed by
the Division Bench is not a binding precedent.
23. In State of Assam v. Barak Upatyaka D. U.
Karmachari Sanstha [2009 KHC 4621 : AIR 2009 SC 2249],
the Apex Court observed like this in paragraph 10.
“10. A precedent is a judicial decision containing a

principle, which forms an authoritative element termed as
ratio decidendi. An interim order which does not finally and
conclusively decide an issue cannot be a precedent. Any
reasons assigned in support of such non-final interim order
containing prima facie findings, are only tentative. Any
interim directions issued on the basis of such prima facie
findings are temporary arrangements to preserve the status
quo till the matter is finally decided, to ensure that the
2023:KER:45931
matter does not become either infructuous or a fait

accompli before the final hearing. The observations and
directions in Kapil Hingorani (I) and (II) being interim
directions based on tentative reasons, restricted to the
peculiar facts of that case involving an extraordinary
situation of human rights violation resulting in starvation
deaths and suicides by reason of non- payment of salaries
to the employees of a large number of public sector
undertakings for several years, have no value as
precedents. The interim directions were also clearly in
exercise of extra-ordinary power under Article 142 of the
Constitution. It is not possible to read such tentative
reasons, as final conclusions, as contended by the
respondent. If those observations are taken to be a final
decision, it may lead to every disadvantaged group or every
citizen or every unemployed person, facing extreme
hardship, approaching this Court or the High Court alleging
human right violations and seeking a mandamus requiring
the state, to provide him or them an allowance for meeting
food, shelter, clothing, salary, medical treatment, and
education, if not more. Surely that was not the intention of
Kapila Hingorani (I) and (II)."
24. In Travancore Devaswom Board and others. v.
D.Sreekumar [2021 (3) KLJ 800], this Court observed that
even when a decision of the Division Bench of High Court is
stayed by the Supreme Court, the Single Judge is bound to

2023:KER:45931
follow the decisions of the Division Bench as it continues to be a
binding precedent for them. It will be better to extract the
relevant portion of the above judgment.
“21. So it can be seen that the stay order granted by the Apex
Court in the above case confined to the limited extent as against
the enforcement and implementation of the directions and orders
passed by the Full Bench of this Court in the said judgment in
Chandran's case supra. It is by now well established by series of
rulings including that rendered by the Division Bench of this Court
in Abdu Rahiman v. District Collector, Malappuram [2009 (4) KHC
283 : 2009 (4) KLT 485 : ILR 2009 (4) Ker. 513] that wherein it
has been held in para No.5 & 8 thereof that the learned Single
Judge of the High Court should not have ignored the two
decisions rendered by the Division Bench of the High Court on the
ground that appeal has been filed against one of the said
decisions of the Division Bench before the Apex Court and there
was a stay against him and that even when a decision of Division
Bench of the High Court is stayed by the Apex Court, the learned
Single Judge is bound to follow the decision of the Division Bench,
as it continues to be a binding precedent for them. The interim
order of stay only relieves the parties concerned from the liability
to obey and comply the directions in the judgment under appeal.
It has also been further held therein that when the Court declares
a law, many people will be regulating their affairs according to it
and unless there is a compelling ground, a precedent should not
be upset so lightly and in hierarchical system of Courts as held by
the Apex Court, there should be someone who should say the last
word and when the last word is said, the same should be followed
2023:KER:45931
by everyone in the lower tiers and that in view of the abovesaid

position the learned Single Judge in that case should have
followed the decisions of the Division Bench cited therein, etc.”
25. From the above, it is clear that, unless the operation
of the judgment is stayed by the Division Bench, the dictum laid
down by the Single Judge which is impugned before the Division
Bench will be in force. Therefore, the findings in the judgment
dated 21.03.2023 in W.P.(C.) No. 14051/2022 and connected
cases is in force as long as the same is not set aside by the
Division Bench in the pending appeal.
26. Adv.Premchand also submitted a hearing note and the
main contention raised by the counsel in the hearing note is
extracted hereunder :
1. “Whether the demand of Kerala Water Authority (KWA) in

directing performance guarantee to be paid at 5% for works
which were tendered before 31.03.2023 as mentioned in GO
dated 15.03.2022 (Exhibit P3 in WPC No. 19229/2023) is
justified in law?
2. Whether KWA is entitled to demand additional
performance guarantee for the work if the rate quoted by the
contractor comes below 10% of the estimated Probable Amount
of Contract PAC.”
2023:KER:45931
27. As far as the 1st point is concerned, there may not be
any dispute that if any of the petitioners who will come within
the purview of Ext.P3 Government Order (GO(P) No.
32/2022/FIN dated 15.03.2022), they are entitled for relaxation
in performance guarantee. The 2nd point is whether the Kerala
Water Authority is entitled to demand additional performance
guarantee for the work if the rate quoted by the contractor
comes below 10% of the estimated probable amount of contract
(PAC). Some other points are also raised by Advocate
Premchand. A perusal of the judgment dated 21.03.2023 in
W.P.(C.) No. 14051/2022 and connected cases, it is clear that
all these points were considered by this court in detail. As I said
earlier, I am in perfect agreement with all the finding in the
judgment dated 21.03.2023 in W.P.(C.) No. 14051/2022 and
connected cases. Therefore, I am not discussing those points
once again. Moreover, I am of the considered opinion that this
Court cannot interfere with conditions in the NIT issued by the
Water Authority. This Court in PGCCPL & Aryacon
Consortium v. Kerala State Electricity Board Ltd. [2023 (3)

2023:KER:45931
KHC 499] observed that the terms of invitation to tender are not
open to judicial scrutiny and the Court cannot whittle down the
terms of the tender unless they are wholly arbitrary,
discriminatory or actuated by malafides. Similarly, in Airport
Authority of India v. Centre for Aviation Policy, Safety
and Research (CAPSR) and others [AIR 2022 SC 4749], it
was held that while exercising the powers under Article 226 of
the Constitution of India, the terms and conditions of the
invitation to tender cannot be set aside or interfered. It was
further held that as per the settled position of law, the terms
and conditions of invitation to tender are within the domain of
the tenderer/tender making authority and are not open to
judicial scrutiny unless they are arbitrary, discriminatory or
malafide. Therefore, the Apex Court observed that the bidders
participating in the tender process cannot insist that their
tenders should be accepted simply because the given tender is
highest or lowest depending upon whether the contract is for
sale of public property or for execution of work on behalf of the
Government. In Michigan Rubber (India) Ltd v. State of

2023:KER:45931
Karnataka and others [2012 (8) SCC 216] the Apex Court held
that in the matter of formulating conditions of a tender
document and awarding a contract, greater latitude is required
to be conceded to the State Authorities, unless the action of the
tendering authority is found to be malicious and a misuse of its
statutory powers, interference by Courts is not warranted.
Therefore, while interfering in contractual matters invoking the
powers under Article 226 of the Constitution, the court should
find out whether there is any arbitrariness.
28. When is an act to be treated as arbitrary? The Apex
Court in MP Power Management Company Ltd., Jabalpur v.
Skypower Southeast Solar India Pvt. Ltd. and others
[2023 (2) SCC 703] observed like this :
“75. We would, therefore, sum up as to when an act is to be

treated as arbitrary. The Court must carefully attend to the facts
and the circumstances of the case. It should find out whether the
impugned decision is based on any principle. If not, it may
unerringly point to arbitrariness. If the act betrays caprice or the
mere exhibition of the whim of the authority it would sufficiently
bear the insignia of arbitrariness. In this regard supporting an
order with a rationale which in the circumstances is found to be
reasonable will go a long way to repel a challenge to State action.
No doubt the reasons need not in every case be part of the order
2023:KER:45931
as such. If there is absence of good faith and the action is

actuated with an oblique motive, it could be characterised as
being arbitrary. A total non-application of mind without due
regard to the rights of the parties and public interest may be a
clear indicator of arbitrary action. A wholly unreasonable decision
which is little different from a perverse decision under the
Wednesbury doctrine would qualify as an arbitrary decision under
Article 14. Ordinarily visiting a party with the consequences of its
breach under a contract may not be an arbitrary decision.”
29. From the above dictum laid down by the Apex Court, I
am of the considered opinion that the contentions of the
petitioners regarding the demand for additional performance
guarantee for the work if the rate quoted by contractor come
below 10% of the estimated probable amount of contract (PAC)
cannot be decided in a writ petition under Article 226 of the
Constitution of India.
30. Moreover, the Standing Counsel appearing for the
Water Authority filed an argument note, in which it is stated like
this :
• “The challenge against deposit of and additional

performance guarantee, is liable to be rejected on account of the
fact that no vested/ contractual right is accrued to the
Petitioners. In Notice Inviting Tender, it was specifically stated
2023:KER:45931
that the bidders are liable to submit additional performance

guarantee for all the low quoted items. Additional Performance
Guarantee is the additional amount to be deposited for works
quoted below estimate rate.
• Two terms are used in the Notice Inviting Tender with
specific meanings attached viz., Probable Amount of Contract
(PAC) and quoted rates, which means, the rate quoted against
each item. The rates quoted by the Petitioner against each item
is applied against the rates used to work out the total PAC of the
amount, and the additional PAC has been worked out.
Accordingly, it was found that the Petitioners quoted very low
rates for a number of items, predominantly that are to be
executed towards the end of the project and therefore, the bids
are front loaded and in order to secure assurance measure with
respect to the performance, and complete the project executing
all the items mentioned in the agreement, additional
performance guarantee was insisted upon
• There is a general tendency for front loading the work so
as to attract the rates quoted by the contractors and in order to
avoid such tendencies alone, additional security is insisted upon,
under the invitation to bid. If the quoted rate is seriously
imbalanced, front loaded, or substantially below updated
estimates in the opinion of the Employer the Employer may
require the Bidder to produce detailed price analysis for any or
all items of the Bill of Quantities, to demonstrate the internal
consistency of those prices with the construction methods and
schedule proposed, and if it is convinced that the schedule of
estimated contract payments is front loaded, the performance
security can be increased at the expense of the Bidder to a level
sufficient to protect the Employer against financial loss in the
2023:KER:45931
event of default of the successful Bidder under the Contract.

• There is no whisper in the entire Writ Petitions that there
has been unconscionable bargaining in the matter of entering
into the agreement in question. Since even the petitioner does
not have a case there is an unconscionable bargain, the
petitioners are bound by the promise made by them in the form
of bid and the letter of acceptance.”
31. Adv.Babu Joseph Kuruvathazha relied on Ext.P7 order
produced in W.P.(C.) No. 21935/2023 also. But that order is
passed by the Government of India, Ministry of Road Transport
and Highways dated 04.05.2023, in which it is clearly stated
that it is applicable only to the Public Works Department, Road
Construction Department, Highways Department (dealing with
National Highways and other centrally sponsored schemes).
Therefore, Ext.P7 produced in W.P.(C.) no. 21935/2023 has no
application at all in these cases. In some of the writ petitions,
the claim based on orders passed in favour of MSME’s are
raised. The calculation of the additional performance guarantee
based on percentage rate contract and item rates contracts
were also challenged. These points are also considered by this
court in judgment dated 21.03.2023 in W.P.(C.) No.

2023:KER:45931
14051/2022 in detail and rejected. I am in perfect agreement
with those findings.
32. The Deputy Solicitor General also submitted a note
before this Court stating that the Government of India orders
are applicable only to the Central Government
Ministries/Departments attached and subordinate bodies
including autonomous bodies except to the extent the bye-laws
of autonomous bodies provide for separate financial rules. In
such circumstances, I am of the considered opinion that the
Government of India office memorandums produced and relied
on by the petitioners in these case are not binding on the State
Government and the Kerala Water Authority. The State
Government merely adopted the office memorandums of the
Government of India in GO(P) No. 7/2021/FIN dated 07.01.2021
and GO(P) No. 32/2022/FIN dated 15.03.2022. If any of the
petitioners will come within the purview of these Government
Orders, they are entitled to the benefits in respect of the
performance guarantee and additional performance guarantee
mentioned in the above two Government Orders.

2023:KER:45931
33. These batch of writ petitions are filed subsequent to the
connected cases. In most of these writ petitions, this Court
passed interim order allowing the contractors to execute the
agreement. Probably, the work might have already been started
by the contractors based on the interim orders after executing
the agreement. In such circumstances, I am of the considered
opinion that the certain benefits given to the contractors in the
connected cases based on the completion of the work can be
extended to the petitioners in these cases also. With those
observations, these writ petitions can be disposed of.
34. Therefore, these writ petitions are disposed of with
the following directions :
1) It is declared that the OM No. F.9/4/2020-PPD
dated 12.11.2020 regarding the performance
guarantee, OM No. F.9/4/2020-PPD dated
12.11.2020 regarding the additional performance
guarantee and the other Office Memorandums

2023:KER:45931
issued by the Government of India are not binding
to the State Government and consequently to the
Kerala State Water Authority.
2) If the contract of any of the petitioners fall within
the purview of GO(P) No. 7/2021/FIN dated
07.01.2021 and GO(P) No. 32/2022/FIN dated
15.03.2022, then they are entitled to the benefit of
those Government Orders.
3) If any work in accordance with the agreement
executed based on the interim order passed by this
Court in any of these cases is completed by any of
the contractors, no Additional Performance
Guarantee shall be insisted from those contractors.
If the work has progressed to a level exceeding
80%, the tendering authority is left with the liberty
to take a decision as to whether any Additional
Performance Guarantee is to be insisted upon,
taking into account the efficiency, reputation, men
and machinery engaged, and other positive

2023:KER:45931
factors of the respective contractors. If the work
has exceeded 30% of the total work, then the
tendering authority is directed to secure Additional
Performance Guarantee proportionate to the
balance work.
4) In all other cases, the contractors/petitioners are
directed to furnish an Additional Performance
Guarantee to the tendering authority as specified in
the tender documents within three weeks from the
date of receipt of a copy of this judgment.
5) In cases where a Performance guarantee is
furnished by the contractors in spite of its
relaxation up to 31.03.2023, the said amounts can
be adjusted against the Additional Performance
guarantee required in the circumstances specified
above.
6) If the tenders are invited on the basis of the
Percentage Rate Contracts, then the contractors are
liable to furnish the Additional Performance

2023:KER:45931
Guarantee on the basis of (X-10)% of the
estimated PAC.
7) If the tenders are invited on the basis of Items
Rates Contract, then the contractors are liable to
furnish Additional Performance Guarantee for each
item of work on the basis of (X-10)% of the
estimated amount for each item of work.
I make it clear that the directions are issued as above
taking into account the peculiar facts, features and
circumstances involved in these cases consequent to the interim
orders granted; and it shall not be treated as a precedent,
except in regard to the writ petitions pending in the above
context.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
Sbna/
jsr/
SKS
2023:KER:45931
APPENDIX OF WP(C) 12799/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE SELECTION NOTICE DATED

ON 23/03/2023 ISSUED BY THE SUPERINTENDING
ENGINEER, 2ND RESPONDENT
Exhibit-P2 A TRUE COPY OF THE GOP NO 07/2021/ FIN

DATED 07/01/2021 ISSUED BY THE GOVERNMENT
OF KERALA
Exhibit-P3 A TRUE COPY OF THE GO NO 32/2022 DATED

15/03/2022 ISSUED BY THE GOVERNMENT OF
KERALA
Exhibit-P4 A TRUE COPY OF THE GO (P) NO.1/2019/FIN

DATED 10.01.2019 ISSUED BY THE GOVERNMENT
OF KERALA
Exhibit-P5 A TRUE COPY OF THE RELEVANT PORTION OF THE

NOTICE INVITING TENDER (NIT) FOR THE WORK
IN QUESTION
Exhibit-P6 A TRUE COPY OF THE ORDER DATED 11.01.2023

ISSUED BY THE MANAGING DIRECTOR, KERALA
WATER AUTHORITY
2023:KER:45931
PETITIONER EXHIBITS


OF KERALA

KERALA

OF KERALA

IN QUESTION

WATER AUTHORITY
2023:KER:45931
PETITIONER EXHIBITS

17/03/2023 ISSUED BY THE SUPERINTENDING

OF KERALA

KERALA

OF KERALA

IN QUESTION

WATER AUTHORITY
2023:KER:45931
PETITIONER EXHIBITS

ON 29.03.2023 ISSUED BY THE SUPERINTENDING
Exhibit-P2 A TRUE COPY OF THE THE GOP NO 07/2021/ FIN

OF KERALA

KERALA

OF KERALA

IN QUESTION

WATER AUTHORITY
2023:KER:45931
PETITIONER EXHIBITS

SELECTION NOTICE DATED ON 18/03/2023
ISSUED BY THE SUPERINTENDING ENGINEER, 2ND
RESPONDENT

OF KERALA

KERALA

OF KERALA

IN QUESTION

WATER AUTHORITY
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE UDYAM REGISTRATION OF THE

PETITIONER
Exhibit P2 TRUE COPY OF THE 1ST RESPONDENT'S ORDER

DATED 14.10.2011
Exhibit P3 TRUE COPY OF THE ORDER NO: G.O (P) NO:

1/2021/FIN DATED 3/1/2021 ISSUED BY THE
GOVERNMENT OF KERALA
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED

2.3.2021 IN WP Â© NO: 5440/2021 OF THIS
HON'BLE COURT
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE

TENDER NOTICE
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE

TENDER PRESENTED BY THE PETITIONER
Exhibit P7 TRUE COPY OF WORK ORDER DATED 26.3.2023
Exhibit P8 TRUE COPY OF SPECIAL CONDITIONS
Exhibit P9 TRUE COPY OF INTERIM ORDER DATED 4.1.2023

IN WP Â© NO: 42861/2022
ExhibitP10 TRUE COPY OF REPRESENTATION DATED

27.3.2023 BEFORE THE 4TH RESPONDENT
2023:KER:45931
PETITIONER EXHIBITS


OF KERALA

KERALA
Exhibit-P4 A TRUE COPY OF THE (P) NO.1/2019/FIN DATED

10.01.2019 ISSUED BY THE GOVERNMENT OF
KERALAE

IN QUESTION

WATER AUTHORITY
2023:KER:45931
PETITIONER EXHIBITS


OF KERALA

KERALA

OF KERALA

IN QUESTION

WATER AUTHORITY
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF NIT NO.

PHC/CHN/JJM/7244(A)/ 2022 DTD. 25.12.2022
Exhibit P2 TRUE COPY OF WORK ORDER

NO.PHC/CHN/JJM/7244(A)/2022 DTD.
31.03.2023 ISSUED BY 2ND RESPONDENT TO
PETITIONER
Exhibit P3 TRUE COPY OF G.O. (P) NO.429/2015/FIN DTD.

28.09.2015 ISSUED BY FINANCE DEPARTMENT
(INDUSTRIES & PUBLIC WORKS-B) IN
GOVERNMENT

GOVERNMENT

GOVERNMENT

GOVERNMENT
Exhibit P7 TRUE COPY OF ORDER DTD. 05.04.2023 IN W.A.

NO. 725 OF 2023
2023:KER:45931
PETITIONER EXHIBITS

34/SE/PHCK/2022-2023 WITH LAST DATE FOR
SUBMISSION OF ON 12.01.2023
Exhibit P2 TRUE COPY OF WORK ORDER NO.

2613/D2/2022/PHC-KTM DTD. 15.03.2023
ISSUED BY 2ND RESPONDENT TO PETITIONER

GOVERNMENT

GOVERNMENT

GOVERNMENT

GOVERNMENT
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF NIT RE-E-

TENDER NO. 89/22-23/SE/PHC/PKD DTD.
17.02.2023 ISSUED BY 2ND RESPONDENT
Exhibit P2 . TRUE COPY OF WORK ORDER DTD. NIL
Exhibit P3 TRUE COPY OF G.O. (P) NO.429/ 2015/FIN DTD.

(INDUSTRIES & PUBLIC WORKS-B) IN GOVERNMENT


Exhibit P6 TRUE COPY OF PROCEEDINGS

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023
ISSUED BY 2ND RESPONDENT

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RELEVANT PAGES NO5 AND 6 OF

NIT NO.PHC/CHN/JJM/8591/2022 OF THE
PRESENT WORK ISSUED BY THE 2ND RESPONDENT
DATED 21.01.2023
Exhibit P2 A TRUE COPY OF THE WORK ORDER

NO.PHC/CHN/JJM/8591/2022 DATED 31.03.2023
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P3 A TRUE COPY OF G.O. (P) NO. 429/2015/FIN

DATED 28.09.2015 ISSUED BY THE FINANCE
DEPARTMENT (INDUSTRIES & PUBLIC WORKS-B)
IN GOVERNMENT
Exhibit P4 TRUE COPY OF G.O. (P) NO. 19/2016/FIN

DATED 03.02.2016 ISSUED BY FINANCE
IN GOVERNMENT

IN GOVERNMENT
Exhibit P6 THE TRUE COPY OF G.O. (P) NO. 168/2019/FIN

IN GOVERNMENT
Exhibit P7 THE TRUE COPY OF RELEVANT PAGE NOS 46 AND

47 OF THE NIT OF THE WORK "JALJEEVAN
MISSION (JJM)-JJM-WSS TO KANJOOR,
SREEMOOLANAGARAM CHENGAMANAD, NEDUMBASSERY
AND PARAKKADAVU PANCHAYATHS - PROVIDING
DISTRIBUTION NET WORK, PROVIDING FHTCS AND
2023:KER:45931
ROAD RESTORATION WORKS IN PARAKKADAVU

PANCHAYATH - PIPELINE WORK" WHEREIN THE
ADDITIONAL PERFORMANCE GUARANTEE IS
EXPLAINED
Exhibit P8 A TRUE COPY OF THE ORDER DATED 05.04.2023

IN W.A. NO. 725 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES NO. 3 OF NIT

OF THE PRESENT WORK ISSUED BY THE 3RD
RESPONDENT DATED 01.03.2023
Exhibit P2 TRUE COPY OF THE WORK ORDER NO.

KWA/PHC/KNR/JJM/D5-13079/2022 DATED
21.03.2023 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER

IN GOVERNMENT

IN GOVERNMENT
Exhibit P5 TRUE COPY OF G.O. (P) NO. 1/2019/FIN DATED

10.01.2019 ISSUED BY THE FINANCE
IN GOVERNMENT

IN GOVERNMENT
Exhibit P7 TRUE COPY OF THE ORDER DATED 05.04.2023 IN

W.A. NO. 725 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SELECTION NOTICE ISSUED

BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED

13.5.2020 ISSUED BY THE DEPARTMENT OF
EXPENDITURE UNDER THE MINISTRY OF FINANCE,
GOVERNMENT OF INDIA.

GOVERNMENT OF INDIA, ON OF INDIA, ON THE
SUBJECT PERFORMANCE SECURITY.

GOVERNMENT OF INDIA, ON THE SUBJECT
ADDITIONAL PERFORMANCE SECURITY IN CASE OF
ABNORMALLY LOW BIDS.
Exhibit P5 TRUE COPY OF G.O.(P) NO.7/2021/FIN DATED

KERALA.

PERFORMANCE SECURITY.

KERALA.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED

1.11.2022 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENTS.
Exhibit P9 TRUE COPY OF THE ORDER OF THIS HON'BLE

COURT DATED 7.7.2022 IN W.P.(C)
NO.21972/2022.
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SELECTION NOTICE DATED

21.10.2022 ISSUED BY THE 2ND RESPONDENT.


GOVERNMENT OF INDIA, ON INDIA, ON THE SUBJECT

GOVERNMENT OF INDIA, ON THE SUBJECT ADDITIONAL
PERFORMANCE SECURITY IN CASE OF ABNORMALLY LOW
BIDS.

7.1.2021 ISSUED BY THE GOVERNMENT OF KERALA.

2023:KER:45931
TRUE COPY OF G.O.(P) NO.32/2022/FIN DATED

Exhibit P7

BEFORE THE RESPONDENTS.

NO.21972/2022.
2023:KER:45931
PETITIONER EXHIBITS

80/2022-23/KWA/ PHC/TVLA(RT-1) WITH LAST
DATE FOR SUBMISSION OF ON 23.01.2023
Exhibit P2 . TRUE COPY OF WORK ORDER DTD. NIL
Exhibit P3 TRUE COPY OF G.O. (P) NO.429/ 2015/FIN

DTD. 28.09.2015 ISSUED BY FINANCE
IN GOVERNMENT

GOVERNMENT
Exhibit P5 . TRUE COPY OF G.O. (P) NO.168/2019/FIN

IN GOVERNMENT

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023
2023:KER:45931
PETITIONER EXHIBITS

82/2022-23/KWA/ PHC/TVLA(RT-1) WITH LAST
DATE FOR SUBMISSION OF ON 23.01.2023
Exhibit P2 . TRUE COPY OF WORK ORDER NO.

SE/PHC/TVLA/550/2022/JJM-MALAYALAPPUZHA
DTD. 23.03.2023 ISSUED BY 2ND RESPONDENT TO
PETITIONER




2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF NIT

NO.78/2022-23/SE/PHC/CHN WITH LAST DATE
FOR SUBMISSION OF ON 02.02.2023
Exhibit P2 TRUE COPY OF RELEVANT WORK ORDER NO.

PHC/CHN/JJM/ 11477/2023 DTD. 24.03.2023

GOVERNMENT

GOVERNMENT

GOVERNMENT

(INDUSTRIES & PUBLIC WORKS-B) IN GOVERNMEN
2023:KER:45931
PETITIONER EXHIBITS

TENDER NO. 62/2022-23/SE/PHC/ALP DTD.
Exhibit P2 TRUE COPY OF WORK ORDER DTD. NIL

IN GOVERNMENT

GOVERNMENT

GOVERNMENT

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023
Exhibit P8 TRUE COPY OF ORDER DTD. 13.04.2023 IN W.P.

(C). NO. 13279 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF G.O.(P) NO.7/2021/FIN DTD.

GOVERNMENT

GOVERNMENT

SE/PHC/KKD/94/2022-23 WITH LAST DATE OF
SUBMISSION 27.02.2023 ISSUED BY 2ND
RESPONDENT

NO.2645/D5/2022/PHC-KKD DTD. 18.04.2023

GOVERNMENT

GOVERNMENT

07.12. 2019 ISSUED BY FINANCE DEPARTMENT
GOVERNMENT
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE LNVITING TENDER

(NLT) DATED 20.02.2023
Exhibit P2 TRUE COPY OF THE LETTER DATED 19.04.2023

ISSUED BY THE 2ND RESPONDENT ACCEPTING
PETITIONERS TENDER
Exhibit P3 TRUE COPY OF THE ITEM RATE BOQ PROVIDED

ALONG WITH THE NIT
Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER BEARING

GO(P) NO.429/15/FIN DATED 28.09.2015
Exhibit P5 TRUE COPY OF THE GO(P) NO.19/2016/FIN

DATED 03.02.2016
Exhibit P6 TRUE COPY OF THE GO(P) NO.1/2019/FIN DATED

10.01 .2019
Exhibit P7 TRUE COPY OF THE INTERIM ORDER OF THE

DIVISION BENCH OF THIS HON'BLE COURT DATED
12.04.2023 IN WRIT APPEAL NO.780/2023

13.04.2023 IN W.P.(C).NO. 13279/2023
Exhibit P9 TRUE COPY OF THE G.O.(P) NO.7/2021/FLM

DATED 07.01 .2021 ISSUED BY ADDITIONAL
CHIEF SECRETARY FINANCE, GOVERNMENT OF
KERALA
Exhibit P10 TRUE COPY OF THE GO(P) NO.32/2022/FLN

DATED 15.03.2022 ISSUED BY ADDITIONAL
KERALA
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF G.O.(P) NO.7/2021/FIM DTD.

GOVERNMENT
Exhibit P2 TRUE COPY OF G.O.(P) NO.32/ 2022/FIM DTD.

GOVERNMENT

TENDER NO. 89/22-23/SE/PHC/PKD DTD.
Exhibit P4 TRUE COPY OF WORK ORDER DTD
Exhibit P5 TRUE COPY OF INTERIM ORDER DTD. 13.04.2023

IN W.P. (C) NO. 13279 OF 2023
Exhibit P6 TRUE COPY OF IBG NO. 1927IBGI34019 DTD.

10.04.2023 ALONG WITH FORWARDING LETTER
ISSUED BY FEDERAL BANK LTD., PATTIKKADU
BRANCH
Exhibit P7 TRUE COPY OF FIXED DEPOSIT RECEIPT NO. JL

1284697 DTD.13.04.2023 ISSUED BY TREASURY
OFFICER, DISTRICT TREASURY, THRISSUR
Exhibit P8 TRUE COPY OF LETTER NO. KWA/PHC/PKD/JJM21-

22/TARUR DTD. 25.04.2023
2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF NIT

RETENDER NO. 95/2022-23-SEPHC/PKD WITH
LAST DATE OF SUBMISSION ON 28.03.2023
Exhibit P4 TRUE COPY OF WORK ORDER NO. KWA/

PHC/PKD/JJM-SHOLAYUR 26.04.2023 ISSUED BY
2ND RESPONDENT TO PETITIONER

IN GOVERNMENT

GOVERNMENT

GOVERNMENT

GOVERNMENT

2023:KER:45931
(C). NO. 14580 OF 2023
Exhibit P10 TRUE COPY OF ORDER NO.

3042/AE(TMU)/2021/KWA DTD. 16.03.2023
ISSUED BY 1ST RESPONDENT
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE UDYAM REGISTRATION

CERTIFICATE BEARING NO.KL05-0000205 DATED
3.9.2020 OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE LETTER OF SELECTION

NOTICE DATED 13.3.2023 ISSUED BY THE 5TH
RESPONDENT.




KERALA.


KERALA.
2023:KER:45931
Exhibit P9 TRUE COPY OF THE PROCEEDING DATED

14.10.2011 OF THE 1ST RESPONDENT.

KERALA.

BEFORE THE 5TH RESPONDENT.

NO.478/2023.

NO.4026/2023.

COURT DATED 23.2.2023 IN I.A. NO.2/2023 IN
W.P.(C) NO.4026/2023.

COURT DATED 5.4.2023 IN W.A. NO.725/2023.
2023:KER:45931
PETITIONER EXHIBITS

CERTIFICATE BEARING NO.KL05-0000205 DATED
Exhibit P2 TRUE COPY OF THE LETTER OF SELECTION

NOTICE DATED 30.3.2023 ISSUED BY THE 5TH
RESPONDENT.




KERALA.


KERALA.
2023:KER:45931


KERALA.


NO.478/2023.

NO.4026/2023.

W.P.(C) NO.4026/2023.

2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT

34/SE/PHCK/2022-2023 WITH LAST DATE FOR
SUBMISSION OF ON 12.01.2023
Exhibit P4 TRUE COPY OF WORK ORDER NO.

2613/D2/2022/PHC-KTM DTD. 15.03.2023
Exhibit P5 TRUE COPY OF LETTER NO. 2613/D2/2022/PHC-

KTM DTD. 30.03. 2023 ISSUED BY 2ND
RESPONDENT TO PETITIONER
Exhibit P6 TRUE COPY OF INTERIM ORDER DTD. 13.

04.2023 IN W.P. (C) NO. 13268 OF 2023
Exhibit P7 TRUE COPY OF FIXED DEPOSIT RECEIPT NO. JL

1570622 DTD.18.04. 2023 ISSUED BY TREASURY
OFFICER, SUB TREASURY, KUNNATHUNADU
2023:KER:45931
PETITIONER EXHIBITS

CERTIFICATE BEARING NO.KL-05-0000799 DATED
Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE

DATED 28.3.2023 ISSUED BY THE 4TH
RESPONDENT.




KERALA.


KERALA.
2023:KER:45931


KERALA.


NO.478/2023.

NO.4026/2023.

W.P.(C) NO.4026/2023.

2023:KER:45931
PETITIONER EXHIBITS

CERTIFICATE BEARING NO.UDYAM-KL-05-0012855
DATED 2.5.2023 OF THE PETITIONER.

RESPONDENT.




KERALA.


KERALA.
2023:KER:45931


KERALA.


NO.478/2023.

NO.4026/2023.

W.P.(C) NO.4026/2023.

2023:KER:45931
PETITIONER EXHIBITS

CERTIFICATE BEARING NO.KL-05-0002502 DATED

25.3.2023 ISSUED BY THE 4TH RESPONDENT.




KERALA.


KERALA.

2023:KER:45931

KERALA.


NO.478/2023.

NO.4026/2023.

W.P.(C) NO.4026/2023.
Exhibit15 TRUE COPY OF THE ORDER OF THIS HON'BLE

2023:KER:45931
PETITIONER EXHIBITS

Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED




GOVERNMENT OF INDIA, ON THE SUBJECT ADDITIONAL
PERFORMANCE SECURITY IN CASE OF ABNORMALLY LOW
BIDS.



Exhibit P9 TRUE COPY OF THE PROCEEDING DATED 14.10.2011

OF THE 1ST RESPONDENT.
2023:KER:45931


15.4.2023 SUBMITTED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT.
Exhibit P12 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT

DATED 6.1.2023 IN W.P.(C) NO.478/2023.

DATED 8.2.2023 IN W.P.(C) NO.4026/2023.

DATED 23.2.2023 IN I.A. NO.2/2023 IN W.P.(C)
NO.4026/2023.
RESPONDENT EXHIBITS
Exhibit R4(a) True copy of the GO(P) No. 7/2021/Fin dated

07.01.2021
PETITIONER EXHIBITS

DATED 5.4.2023 IN W.A. NO.725/2023.
2023:KER:45931
RESPONDENT EXHIBITS
Exhibit R4(b) True copy of the GO(P) No. 32/2022/Fin dated

15.03.2022
Exhibit R4(c) True copy of the counter affidavit filed by

the 1st respondent in WP(C) No. 5259/2023
2023:KER:45931
PETITIONER EXHIBITS


DATED NIL ISSUED BY THE 4TH RESPONDENT,
WHICH WAS RECEIVED BY THE PETITIONER ON
2.5.2023.




KERALA.


KERALA.
2023:KER:45931


KERALA.


NO.478/2023.

NO.4026/2023.

W.P.(C) NO.4026/2023.

2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RELEVANT PAGE NOS. 8,9 AND

10 OF NIT OF TENDER NO.
161/2022-23/KWA/PHC/D2/TVM/RT1
Exhibit P2 A TRUE COPY OF THE LETTER OF

ACCEPTANCEISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER

DEPARTMENT (INDUSTRIES & PUBLIC WORKS-B) IN
GOVERNMENT

GOVERNMENT

GOVERNMENT

GOVERNMENT

IN W.P.C. NO. 725 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SELECTION NOTICE/LETTER

OF ACCEPTANCE DATED NIL ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF RECEIPT AV NO: 0148399 DATED

13/04/2023 ISSUED BY THE KERALA WATER
AUTHORITY ACCEPTING COST OF AGREEMENT FORM
Exhibit P3 TRUE COPY OF THE INTIMATION DATED

17/04/2023 ISSUED BY STATE BANK OF INDIA
TO THE 4TH RESPONDENT RELATING TO BANK
GUARANTEE
Exhibit P3(a) TRUE COPY OF THE TREASURY SAVINGS BANK

FIXED DEPOSIT CERTIFICATE NO: JL 0766100
DATED 17/04/2023
Exhibit P4 TRUE COPY OF BANK GUARANTEE DATED

17/04/2023 ISSUED BY THE KERALA FINANCIAL
CORPORATION TOWARDS ADDITIONAL PERFORMANCE
GUARANTEE
Exhibit P5 TRUE COPY OF THE COMMUNICATION NO:

KWA/PHC/Q/DB1-1816/2022-23 DATED
06/05/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P6 TRUE COPY OF THE OFFICE MEMORANDUM NO:

F.9/4/2020-PPD DATED 12/11/2020 ISSUED BY
MINISTRY OF FINANCE, GOVERNMENT OF INDIA
Exhibit P7 TRUE COPY OF THE GO(P) NO: 7/2021/FIN

DATED 07/01/2021 GOVERNMENT ORDER.
Exhibit P8 TRUE COPY OF THE OFFICE MEMORANDUM NO:

F.9/4/2020-PPD DATED 30/12/2021 ISSUED BY
GOVERNMENT OF INDIA, MINISTRY OF FINANCE
2023:KER:45931
Exhibit P9
TRUE COPY OF THE GO(P) NO: 32/2022/FIN

DATED 15/03/2022 ISSUED BY THE STATE
GOVERNMENT.

09/05/2023 FILED BEFORE THE 4TH RESPONDENT
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF PROCEEDINGS NO: KWA/CE/CR/

JJM/TSR/D3/1576/2023 DATED 10.04.2023
ISSUED BY THE 2ND RESPONDENT
Exhibit P2 A TRUE COPY OF LETTER OF ACCEPTANCE ALONG

WITH THE ACCEPTED SCHEDULE DATED NIL
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF LETTER NO.KWA/PHC/TSR/D5-

1065/2023 DATED 05/05/2023, THE 3RD
RESPONDENT
Exhibit P4 A TRUE COPY OF THE GO. (P) NO.7/2021/FIN

DATED. 07.01.2021 ISSUED BY ADDITIONAL
KERALA.
Exhibit P5 A TRUE COPY OF THE GO. (P) NO. 32/2022/FIN

DATED. 15.03.2022 ISSUED BY THE ADDITIONAL
CHIEF SECRETARY, FINANCE, GOVERNMENT OF
KERALA
Exhibit P6 A TRUE COPY OF BY JUDGMENT DATED

21/03/2023 IN P (C) NO. 3527 OF 2023 AND
OTHER CONNECTED CASES PASSED BY THIS
HON'BLE CO
Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF THE

JUDGEMENT DATED 31/03/2023 IN WP(C)
NO.33174 OF 2022
Exhibit P8 A TRUE COPY OF INTERIM ORDER DATED

13/04/2023 IN WRITE APPEAL NO. 768 OF
2023, PASSED BY A DIVISION BENCH OF THIS
HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS

ISSUED BY THE 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE INTERIM ORDER IN

W.A.NO.778/2023 DATED 12.04.2023 OF THIS
HON'BLE COURT

18.04.2023 IN W.P.C NO. 14216/2923 OF THIS
HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF TENDER NO.

114/2022-23/KWA/ PHC/TVLA(RT-1)(ID-
10140/2022 DTD.07.03.2023
Exhibit P4 TRUE COPY OF WORK ORDER DTD.09.05.2023

ISSUED BY 2NDRESPONDENT TO PETITIONER

IN GOVERNMENT

GOVERNMENT

GOVERNMENT

GOVERNMENT

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023
2023:KER:45931

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023

(C). NO. 14580 OF 2023

(C). NO. 15027 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
ExhibitP1 TRUE COPY OF THE G.O (P) NO.7/2021/FIN

DATED 7.1.2021

DATED 15.3.2022
ExhibitP3 TRUE COPY OF THE ORDER DATED 5.5.2023 IN

W.P (C) NO.15027 OF 2023
ExhibitP4 TRUE COPY OF THE TENDER NOTICE NUMBER

KWA/PHC/KNR/TENDER/2022-23 DATED 1.2.2023
ExhibitP5 TRUE COPY OF THE LETTER OF ACCEPTANCE

ISSUED BY THE 2ND RESPONDENT TO PETITIONER

DEPARTMENT (INDUSTRIES & PUBLIC WORKS- B)
ExhibitP7 TRUE COPY OF THE G.O(P) NO.19/2016/FIN


Exhibit P9 TRUE COPY OF THE G.O.(P) NO. 168/2019/FIN

DATED 7.12.2019
ExhibitP10 TRUE COPY OF THE INTERIM ORDER DATED

28.4.2023 IN W.P (C) NO.14580 OF 2023
2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT

TENDER NO. 125/2022-23-SE/PHC/CHN DTD.
15.03.2023
Exhibit P4 TRUE COPY OF WORK ORDER DTD. 20.05.2023


IN GOVERNMENT

GOVERNMENT

GOVERNMENT

GOVERNMENT

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023
2023:KER:45931

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023

(C). NO. 14580 OF 2023

(C). NO. 15027 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit1 A TRUE COPY OF THE SELECTION NOTICE DATED


OF KERALA
Exhibit-P3 A TRUE COPY OF THE THE GO NO 32/2022 DATED

KERALA
Exhibit-P4 A TRUE COPY OF THE G.O (P) NO.1/2019/FIN

OF KERALA,

IN QUESTION
Exhibit-P6 A TRUE COPY OF THE INTERIM ORDER IN

W.A.NO.717/2023 BEFORE THE HON'BLE HIGH
COURT OF KERALA, AT ERNAKULAM DATED 5-4-
2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RELEVANT PAGES OF NIT DATED

04/04/2023
Exhibit P2 . A TRUE COPY OF THE LETTER OF ACCEPTANCE

PETITIONER DATED NIL

IN GOVERNMENT
Exhibit P4 %. TRUE COPY OF G.O. (P) NO. 19/2016/FIN

IN GOVERNMENT

IN GOVERNMENT

IN GOVERNMENT

IN W.P.C. NO. 13413 OF 2023 BEFORE THIS
HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.

13.5.2020 ISSUED BY THE 1ST RESPONDENT.

12.11.2020 ISSUED BY THE 1ST RESPONDENT,
ON THE SUBJECT PERFORMANCE SECURITY.

ON THE SUBJECT ADDITIONAL PERFORMANCE
SECURITY IN CASE OF ABNORMALLY LOW BIDS.

KERALA.


KERALA.

NO.478/2023.

NO.4026/2023.


2023:KER:45931

NO.15215/2023.

2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.




KERALA.


KERALA.

NO.478/2023.

NO.4026/2023.


2023:KER:45931

NO.15215/2023.

2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.




KERALA.


KERALA.

NO.478/2023.

NO.4026/2023.


2023:KER:45931

NO.15215/2023.

2023:KER:45931
PETITIONER EXHIBITS

DATED 18.5.2023 ISSUED BY THE 3RD
RESPONDENT.




KERALA.


KERALA.

NO.478/2023.

NO.4026/2023.


2023:KER:45931

NO.15215/2023.

BEFORE THE 3RD RESPONDENT.
2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.




KERALA.


KERALA.

NO.478/2023.

NO.4026/2023.


2023:KER:45931

NO.15215/2023.

2023:KER:45931
PETITIONER EXHIBITS
EXHIBITP1 TRUE COPY OF THE G.O (P) NO.7/2021/FIN

DATED 7.1.2021

DATED 15.3.2022
EXHIBITP3 TRUE COPY OF RELEVANT PAGES OF NIT RE-E-

TENDER NO. 81/2022-23/SE/PHC/ALP
EXHIBITP4 TRUE COPY OF LETTER OF ACCEPTANCE ISSUED BY

THE 2ND RESPONDENT TO PETITIONER

EXHIBITP6 TRUE COPY OF THE G.O(P) NO.19/2016/FIN

DATED 3.2.2016 ISSUED BY FINANCE DEPARTMENT
(INDUSTRIES & PUBLIC WORKS- B)

EXHIBITP8 TRUE COPY OF G.O. (P) NO.168/2019/FIN

DATED. 07.12.2019 ISSUED BY FINANCE
EXHIBITP9 TRUE COPY OF ORDER DTD. 28.04.2023 IN W.P.

(C). NO. 14580 OF 2023
EXHIBITP10 A TRUE COPY OF THE INTERIM ORDER DATED

05.05.2023 IN WPC NO. 15027/2023
EXHIBITP11 TRUE COPY OF THE INTERIM ORDER DATED

24.05.2023 IN WPC NO. 16416/2023
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT PI A TRUE COPY OF RELEVANT PAGES OF NIT DATED

04/04/2023
EXHIBIT P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE

DATED NIL ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
EXHIBIT P3 A TRUE COPY OF G.O. (P) NO. 429/2015/FIN

GOVERNMENT
EXHIBIT P4 A TRUE PHOTOCOPY OF G.O. (P) NO.

19/2016/FIN ISSUED BY THE FINANCE
DATED 03.02.2016
EXHIBIT P5 A TRUE COPY OF G.O. (P) NO. 1/2019/FIN

GOVERNMENT
EXHIBIT P6 THE TRUE COPY OF G.O. (P) NO. 168/2019/FIN

GOVERNMENT
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 13.04.2023

IN W.P.C. NO. 13413 OF 2023 BEFORE THIS
HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF G.O.(P) NO.7/2021/FIM DTD.

EXHIBIT P2 TRUE COPY OF G.O.(P) NO.32/ 2022/FIM DTD.

EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF NIT RE-E-

TENDER NO. 128/2022-23-SE/PHC/CHN DTD.
20.03.2023
EXHIBIT P4 TRUE COPY OF WORK ORDER DTD. 25.05.2023

EXHIBIT P5 TRUE COPY OF G.O. (P) NO.429/ 2015/FIN DTD.

EXHIBIT P6 TRUE COPY OF G.O. (P) NO.19/2016/FIN DTD.


EXHIBIT P8 TRUE COPY OF PROCEEDINGS

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023
EXHIBIT P10 TRUE COPY OF ORDER DTD. 24.05.2023 IN W.P.

(C). NO. 16438 OF 2023
2023:KER:45931
PETITIONER EXHIBITS


EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF NIT E-TENDER

NO. 70/2022-23/PHC/KNR(RE-TENDER)
DTD.28.03.2023


(C). NO. 15018 OF 2023

(C). NO. 16438 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RE-E- TENDER NOTICE

DATED 17.03.2023 ISSUED BY THE 2ND
EXHIBIT P2 THE TRUE COPY OF THE SELECTION NOTICE DATED

17.05.2023 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
EXHIBIT P3 THE TRUE COPY OF G.O.(P) NO.7/2021/FIN

CHIEF SECRETARY ,FINANCE, GOVERNMENT OF
KERALA,
EXHIBIT P4 A TRUE COPY OF THE GO (P)NO.32/2022 DATED

15.03.2022 ISSUED BY ADDITIONAL CHIEF
SECRETARY FINANCE, GOVERNMENT OF KERALA
EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER DATED

25.05.2023 IN WPC NO.16688/2023 PASSED BY
THIS HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RE-E- TENDER NOTICE

EXHIBIT P2 THE TRUE COPY OF THE LETTER OF ACCEPTANCE

EXHIBIT P3 THE TRUE COPY OF G.O.(P) NO.7/2021/FIN

KERALA
EXHIBIT P4 A TRUE COPY OF THE GO NO.32/2022 DATED

EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER DATED

THIS HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF RELEVANT PAGES OF NIT OF THE

PRESENT WORK ISSUED BY THE 3RD RESPONDENT
DATED 04.04.2023
EXHIBIT P2 TRUE COPY OF LETTER OF ACCEPTANCE ISSUED BY

THE 2ND RESPONDENT DATED NIL
EXHIBIT P3 TRUE COPY OF G.O. (P) NO. 429/2015/FIN

GOVERNMENT
EXHIBIT P4 TRUE COPY OF G.O. (P) NO. 19/2016/FIN DATED


10.01.2019 ISSUED BY THE FINANCE DEPARTMENT

GOVERNMENT
EXHIBIT P7 THE TRUE COPY OF INTERIJM ORDER DATED

13/04/2023 IN WP(C) NO 13413/2023 BEFORE
THIS HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS


EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF TENDER RE.E-

TENDER NO. SE/PHC/ KKD/106/2022-23 DTD.
08.03.2023
EXHIBIT P4 TRUE COPY OF WORK ORDER NO.

3375/D5/2022/PHC-KKDDTD.17.05.2023 ISSUED
BY 2NDRESPONDENT TO PETITIONERS




2023:KER:45931

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023

(C). NO. 16438 OF 2023
2023:KER:45931
PETITIONER EXHIBITS


EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF NIT E-TENDER

NO. KWA/PHC/KNR/TENDER/2022-23 DTD.
01.02.2023 (PQ TENDER NO.49/2022-23/PHC)
EXHIBIT P4 TRUE COPY OF WORK ORDER NO.KWA/ PHC/KNR/D1-

10642/222-JJM DTD. 08.05.2023 ISSUED BY 2ND
RESPONDENT

(C). NO. 15018 OF 2023

(C). NO. 16438 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE E-TENDER NO.WRD/KWA-

CE(SR)/TR/2316/2022-23 DATED 7.3.2023
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED

EXHIBIT P3 TRUE COPY OF THE OFFICE MEMORANDUM DATED

INDIA.

INDIA, ON THE SUBJECT PERFORMANCE SECURITY.
EXHIBIT P5 TRUE COPY OF G.O.(P) NO.7/2021/FIN DATED

KERALA.


KERALA.
EXHIBIT P8 TRUE COPY OF THE ORDER OF THIS HON'BLE

NO.16438/2023.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED

BEFORE THE 2ND RESPONDENT.
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE E-TENDER

NO.KWA/KNR/TENDER/2022-23 DATED 18.3.2023


INDIA.


KERALA.


KERALA.

NO.16438/2023.

2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE E-TENDER

NO.143/SE/PHC/TSR/2022-23 DATED 27.3.2023


INDIA.


KERALA.


KERALA.

NO.16438/2023.

2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE SELECTION NOTICE DATED

NIL ISSUED BY THE SUPERINTENDING ENGINEER,
2ND RESPONDENT
EXHIBIT-P2 A TRUE COPY OF THE GOP NO 07/2021/ FIN

OF KERALA
EXHIBIT-P3 A TRUE COPY OF THE GO NO 32/2022 DATED

KERALA
EXHIBIT-P4 A TRUE COPY OF THE GO (P) NO.1/2019/FIN

OF KERALA.
EXHIBIT-P5 A TRUE COPY OF THE RELEVANT PORTION OF THE

IN QUESTION
EXHIBIT-P6 A TRUE COPY OF THE INTERIM ORDER DATED

05.04.2023 IN WA NO 717/2023BEFORE THE
HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
EXHIBIT-P7 A TRUE COPY OF THE INTERIM ORDER DATED

25.05.2023 IN WP© NO 16688/2023 BEFORE THE
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE

NO.WRD/KWA-CE(SR)/ 2701/2022-23 DATED


12.11.2020 ISSUED BY THE 1ST RESPONDENT, ON
THE SUBJECT PERFORMANCE SECURITY.

THE SUBJECT ADDITIONAL PERFORMANCE SECURITY
IN CASE OF ABNORMALLY LOW BIDS.

KERALA.


KERALA.

NO.16438/2023.

2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LETTER OF ACCEPTANCE ISSUED BY

THE 2ND RESPONDENT DATED NIL

GOVERNMENT


10.01.2019 ISSUED BY THE FINANCE DEPARTMENT
2023:KER:45931

GOVERNMENT
EXHIBIT P6 TRUE COPYOF INTERIM ORDER DATED 30/05/2023

IN W.P(C) NO 17200/2023 BEFORE THIS HON'BLE
COURT
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE E- TENDER NOTICE

Exhibit P2 THE TRUE COPY OF THE LETTER OF ACCEPTANCE

Exhibit P3 THE TRUE COPY OF G.O.(P) NO.7/2021/FIN

KERALA
Exhibit P4 A TRUE COPY OF THE GO (P)NO.32/2022 DATED

Exhibit P5 THE TRUE COPY OF THE INTERIM ORDER DATED

THIS HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT TO THE PETITIONER THE TRUE COPY
OF THE E- TENDER NOTICE DATED 28.03.2023
PETITIONER
Exhibit P2 THE TRUE COPY OF THE ACCEPTANCE LETTER


KERALA,
Exhibit P4 A TRUE COPY OF THE GO NO.32/2022 DATED


THIS HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.




KERALA.


KERALA.

NO.478/2023.

NO.4026/2023.


2023:KER:45931

NO.15215/2023.

2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.




KERALA.


KERALA.

NO.478/2023.

NO.4026/2023.


2023:KER:45931

NO.15215/2023.

2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT

TENDER NO. SE/PHC/KKD/132/2022-23
DTD.28.03.2023

NO.289/D1/2023/PHC/KKD DTD. 31.05.2023

(C). NO. 17225 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK ORDER DATED

Exhibit P2 TRUE COPY OF THE OFFICE MEMORANDUM

NO.F.18/4/2020-PPD DATED 13.5.2020 ISSUED
BY THE 1ST RESPONDENT.

BY THE 1ST RESPONDENT, ON THE SUBJECT


KERALA.


KERALA.

NO.18115/2023.
2023:KER:45931
Exhibit P8(a) TRUE COPY OF THE ORDER OF THIS HON'BLE

COURT DATED 5.4.2023 IN W.A. NO.725/2023

5.6..2023 SUBMITTED BY THE PETITIONER
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RELEVANT PAGES OF NOTICE

INVITING TENDER DATED 27.4.2023
Exhibit P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE

ALONG WITH ACCEPTANCE SCHEDULE OF THE WORK
PETITIONER DATED 01.06.2023
Exhibit P3 A TRUE COPY OF G.O.(P) NO.429/2015/FIN

IN GOVERNMENT
Exhibit P4 THE COPY OF G.O(P)NO.19/2016/FIN DATED

3.2.2016

IN GOVERNMENT

IN GOVERNMENT
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED

13.04.2023 IN W.P.C. NO. 13413 OF 2023
Exhibit P8 TRUE COPY OF AN INTERIM ORDER PASSED BY

THIS HON'BLE COURT DATED 30.5.2023 IN
W.P(C)NO.17200/2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RELEVANT PAGES OF NOTICE

INVITING TENDER DATED 27.4.2023
Exhibit P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE

ALONG WITH ACCEPTANCE SCHEDULE OF THE WORK
ISSUED BY THE EXECUTIVE ENGINEER, KERALA
WATER AUTHORITY TO THE PETITIONER DATED
01.06.2023
Exhibit P3 A TRUE COPY OF G.O.(P) NO.429/2015/FIN

IN GOVERNMENT
Exhibit P4 THE COPY OF G.O(P)NO.19/2016/FIN DATED

3.2.2016

IN GOVERNMENT

IN GOVERNMENT

IN W.P.C. NO. 13413 OF 2023
Exhibit P8 TRUE COPY OF AN INTERIM ORDER PASSED BY

THIS HON'BLE COURT DATED 30.5.2023 IN
W.P(C)NO.17200/2023
2023:KER:45931
PETITIONER EXHIBITS

2ND RESPONDENT

OF KERALA

KERALA

OF KERALA,

IN QUESTION ALONG WITH THE E-TENDER NOTICE
Exhibit-P6 A TRUE COPY OF THE INTERIM ORDER DATED

05.04.2023 IN WA NO 717/2023 BEFORE THE

25.05.2023 IN WP(C) NO 16688/2023 BEFORE
THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
2023:KER:45931
PETITIONER EXHIBITS

2ND RESPONDENT

OF KERALA

KERALA

OF KERALA



25.05.2023 IN WP(C) NO 16688/2023 BEFORE
ERNAKULAM
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF NIT E-

TENDER NO.04/2023-24/SE/PHC/CHN DTD.

IN GOVERNMENT

GOVERNMENT

GOVERNMENT
Exhibit P6 TRUE COPY OF INTERIM ORDER DTD. 13.04.2023

IN W.P. (C) NO. 13279 OF 2023

NO.3042:AE(TMU)2021/KWA(1) DTD. 11.01.2023

NO.3042/AE(TMU)2021/KWA(1) DTD. 16.03.2023
2023:KER:45931
PETITIONER EXHIBITS

2ND RESPONDENT

OF KERALA

KERALA

OF KERALA



25.05.2023 IN WPÂ© NO 16688/2023M BEFORE
ERNAKULAM
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF G.O.(P) NO.7/2021/FIM DATED.

(INDUSTRIES & PUBLIC WORKS-B)

(INDUSTRIES & PUBLIC WORKS-B

TENDER NO. 131/2022-23/SE/PHC/CHN OF THE
SECOND RESPONDENT

PETITIONE

DEPARTMENT (INDUSTRIES & PUBLIC WORKS-B
Exhibit P6 TRUE COPY OF G.O. (P) NO.19/2016/FIN

DEPARTMENT (INDUSTRIES & PUBLIC WORKS- B
Exhibit P7 TRUE COPY OF G.O. (P) NO.1/2019/FIN DATED.

(INDUSTRIES & PUBLIC WORKS-
2023:KER:45931

DEPARTMENT (INDUSTRIES & PUBLIC WORKS-B

(C). NO. 14580 OF 2023

29.05.2023 IN WPC NO. 17162/2023

24.05.2023 IN WPC NO. 16416/2023
2023:KER:45931
PETITIONER EXHIBITS



TENDER NO. 130/2022-23/SE/PHC/CHN

ISSUED BY THE 2ND RESPONDENT TO PETITIONER

DEPARTMENT (INDUSTRIES & PUBLIC WORKS-

Exhibit P7 TRUE COPY OF G.O. (P) NO.1/2019/FIN DATED.


DEPARTMENT (INDUSTRIES & PUBLIC WORKS-

(C). NO. 14580 OF 202

29.05.2023 IN WPC NO. 17162/2023

24.05.2023 IN WPC NO. 16416/2023
2023:KER:45931

PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK LETTER OF ACCEPTANCE

DATED NIL ISSUED BY THE 3RD RESPONDENT.




KERALA.

Exhibit P7 TRUE COPY OF G.O. (P) NO.32/2022/FIN DATED

KERALA.

NO.18115/2023.

COURT DATED 5.4.2023 IN W.A. NO.725/2023

2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF NIT RE-

TENDER NO. 82/2022-23/SE/PHC/ALP WITH LAST
DATE OF SUBMISSION ON 31.03.2023
Exhibit P4 . TRUE COPY OF LETTER OF ACCEPTANCE NO.
KWA/ PHC/ALP/DB 2-2593/JJM-2022 ON
PETITIONER
IN GOVERNMENT
GOVERNMENT
GOVERNMENT
GOVERNMENT
Exhibit P9 . TRUE COPY OF ORDER DTD. 28.04.2023 IN

W.P.(C). NO. 14580 OF 2023 BEFORE THIS
HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF RE-E-TENDER

NO. 116/2022-23/SE/PHC/ALP
DTD. .31.03.2023
Exhibit P4 TRUE COPY OF WORK ORDER NO. KWA/ PHC/DB2-

2234/JJM/2022 DTD. 13.06.2023 ISSUED BY
2ND RESPONDENT TO PETITIONER

IN GOVERNMENT

GOVERNMENT

GOVERNMENT

(C). NO. 16438 OF 2023

3042/AE(TMU)/2021/KWA DTD. 16.03.2023
ISSUED BY 1ST RESPONDENT
2023:KER:45931
PETITIONER EXHIBITS

DATED NIL ISSUED BY THE 3RD RESPONDENT.

BY THE DEPARTMENT OF EXPENDITURE UNDER THE
MINISTRY OF FINANCE, GOVERNMENT OF INDIA,


KERALA.

Exhibit P6 TRUE COPY OF G.O. (P) NO.32/2022/FIN DATED

KERALA.
Exhibit P7 TRUE COPY OF THE DIRECTION

NO.COVID-19/ROADMAP/JS(H)/2020(183777)
DATED 4.5.2023 ISSUED BY THE 1ST
RESPONDENT.


2023:KER:45931

NO.478/2023.

COURT DATED 8.2.2023 IN W.P(C)4026/2023.

COURT DATED 5.4.2023 IN W.A.725/2023.
2023:KER:45931
PETITIONER EXHIBITS

ISSUED BY THE 2ND RESPONDENT DATED
8.5.2023.
Exhibit P2 TRUE COPY OF THE RECEIPT OF PAYMENT OF

FINE FOR RS.25,000/- DATED 23.6.2023.
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER

GO(P)1/2019/FIN DATED 10.1.2019.
Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN WRIT

PETITION NO.20677/2023 DATED 26.6.2023.
2023:KER:45931
PETITIONER EXHIBITS

ISSUED BY THE 2 ND RESPONDENT DATED 8-5-
2023
Exhibit P2 TRUE COPY OF THE RECEIPT OF PAYMENT OF

FINE FOR RS.25,000/- DATED 23-6-2023
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER

GO(P)1/2019/FIN DATED 10-1-2019
Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN WRIT

PETITION NO.20677/2023 DATED 26-6-2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF OFFICE MEMORANDUM NO.F.9/4/2020-

PPD DTD. 12.11.2020 ISSUED BY MINISTRY OF
FINANCE, DEPARTMENT OF EXPENDITURE IN
GOVERNMENT OF INDIA
Exhibit P2 TRUE COPY OF OFFICE MEMORANDUM NO.F.9/4/

2020-PPD DTD. 12.11.2020 ISSUED BY MINISTRY
OF FINANCE, DEPARTMENT OF EXPENDITURE IN
GOVERNMENT OF INDIA


Exhibit P5 TRUE COPY OF DIRECTION NO.COVID-19/ROAD

MAP/JS(H)/2020(183777) DTD. 04.05.2023 ISSUED
BY 3RD RESPONDENT
Exhibit P6 TRUE COPY OF RELEVANT PAGES OF NIT RE-TENDER

NO. 10/20232-24/SE/PHC/PKD WITH LAST DATE OF
SUBMISSION ON 04.05.23

PHC/PKD/JJM/PUDUNAGARAM DTD.03.07.2023 ISSUED
BY 2ND RESPONDENT TO PETITIONERS



2023:KER:45931

2023:KER:45931
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE G.O.(P) NO.7/2021/FIN.

GOVERNMENT.

GOVERNMENT.
Exhibit-P3 A TRUE COPY OF THE LETTER OF ACCEPTANCE

DOWNLOADED BY THE PETITIONER FOR THE WORK
NAMELY 'AMRUT-AMRUT 2.0-PALAKKAD
MUNICIPALITY-PROVIDING NEW HOUSE
CONNECTIONS AND CARRYING OUT WORKS IN
PIPELINES TO IMPROVE WATER SUPPLY LEVELS IN
THE CONNECTIONS-VADAKKANTHARA ROAD PART 3
PIPELINE WORK' DATED 30.06.2023.
Exhibit-P4 A TRUE COPY OF THE LETTER OF ACCEPTANCE

DOWNLOADED BY PETITIONER FOR THE WORK
'AMRUT-AMRUT 2.0-PALAKKAD MUNICIPALITY-
PROVIDING NEW HOUSE CONNECTIONS AND
CARRYING OUT WORKS IN PIPELINES TO IMPROVE
WATER SUPPLY LEVELS IN THE CONNECTIONS-SAI
HOSPITAL TO NADAKAVU GATE PART-4 PIPELINE
WORK' DATED 30.06.2023.

GOVERNMENT.

GOVERNMENT.

2023:KER:45931
GOVERNMENT.

IN W.P.(C) NO. 16438 OF 2023 OF THIS
HON'BLE COURT.
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF OFFICE MEMORANDUM

NO.F.9/4/2020-PPD DTD. 12.11.2020 ISSUED
BY MINISTRY OF FINANCE, DEPARTMENT OF
EXPENDITURE IN GOVERNMENT OF INDIA

2020-PPD DTD. 12.11.2020 ISSUED BY
MINISTRY OF FINANCE, DEPARTMENT OF

GOVERNMENT
Exhibit P4 TRUE COPY OF G.O.(P) NO.32/ 2022/FIN DTD.

GOVERNMENT

MAP/JS(H)/2020(183777) DTD. 04.05.2023
ISSUED BY 3RD RESPONDENT

TENDER NO. 05/2023-24/KWA/PHC/TVLA/ID -
17384/2022 (RT-1) DTD. 10.04.2023
Exhibit P7 THE CONDITIONS AND MODE OF DEPOSITS WERE

ALSO MADE. TRUE COPY OF WORK ORDER
DTD.22.05.2023 ISSUED BY 2ND RESPONDENT TO
PETITIONER

IN GOVERNMENT

2023:KER:45931

GOVERNMENT

GOVERNMENT

GOVERNMENT
Exhibit P12 TRUE COPY INTERIM ORDER DTD.06.07.2023 IN

W.P. (C). NO. 21909 OF 2023

3042/AE(TMU)/2021/KWA DTD. 16.03.2023
2023:KER:45931
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF UDYAM REGISTRATION

CERTIFICATE NO. UDYAM-KL-12-0045395 DATED
10-3-2023
Exhibit1-P2 A TRUE COPY OF LETTER OF ACCEPTANCE DATED

22-06-2023
Exhibit1-P3 TRUE COPY OF OFFICE MEEMORANDUM DATED 13-

05-2020
Exhibit1-P4 A TRUE COPY OF OFFICE MEMORANDUM DATED 12-

11-2020
Exhibit-P5 A TRUE COPY OF MEMORANDUM OF OFFICE ISSUED

DATED 12-11-2020
Exhibit-P6 TRUE COPY OF ORDER DATED 07-01-2021 ISSUED

BY GOVERNMENT OF KERALA
Exhibit-P7 TRUE COPY OF , THE GOVERNMENT OF INDIA

ISSUED THE OFFICE MEMORANDUM DATED
12.11.2020 , ON THE SUBJECT ADDITIONAL
PERFORMANCE GUARANTEE ' IN CASE OF
ABNORMALLY LOW BIDS
Exhibit-P8 TRUE COPY OF ORDER DATED 7.1.2021 ISSUED

BY BY THE GOVERNMENT OF INDIA IN EXTS.P6
AND P7
Exhibit-P9 A TRUE COPY OF MEMORANDUM OF OFFICE ISSUED

DATED 30-12-2021
Exhibit-P10 A TRUE COPY OF ORDER ISSUED BY THE

GOVERNMENT OF KERALA R DATED 15.3.2022
Exhibit-P11 A TRUE COPY OF PURCHASE AND PRICE

2023:KER:45931
PREFERENCE POLICY FOR MICRO AND SMALL

ENTERPRISES ISSUED BY THE 1ST RESPONDENT
Exhibit-P12 A TRUE COPY OF THE THE GOVERNMENT OF

KERALA ISSUED G.O. ( P ) NO.1 / 2021 / FIN
DATED 3.1.2021 ,
Exhibit-P13 A TRUE COPY OF ORDER ISSUED BY THE HIGH

COURT OF KERALA DATED 6.1.2023 IN W.P. ( C
) NO.478 / 2023
Exhibit-P14 A TRUE COPY OF ORDER ISSUED BY THE HIGH

COURT OF KERALA DATED 8.2.2023 IN W.P. ( C
) NO.4026 / 2023
Exhibit1-P15 A TRUE COPY OF ORDER ISSUED BY THE HIGH

COURT OF KERALA ORDER DATED 23.2.2023 IN
I.A. NO.2 / 2023 IN W.P. ( C ) NO.4026 /
2023 ,
2023:KER:45931
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RELEVANT PAGES OF NIT

(NOTICE INVITING TENDER) RE- E-TENDER NO
09/2023-24/SE/PHC/ALP OF THE PRESENT WORK
ISSUED BY THE 2ND RESPONDENT DATED
07/07/2023
Exhibit P2 THE TRUE PHOTOCOPY COPY OF LETTER OF

ACCEPTANCE ISSUED BY THE 2ND RESPONDENT
DATED 06.07.2023

IN GOVERNMENT

IN GOVERNMENT
Exhibit P5 TRUE COPY OF G.O. (P) NO. 1/2019/FIN DATED

10.01.2019 ISSUED BY THE FINANCE
IN GOVERNMENT

IN GOVERNMENT
Exhibit P7 THE TRUE PHOTOCOPY OF INTERIM ORDER DATED

13.04.2023 IN WPC NO.13413/2023 BEFORE
THIS HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS



GOVERNMENT

GOVERNMENT
Exhibit P5 TRUE COPY OF DIRECTION

DTD. 04.05.2023 ISSUED BY 3RDRESPONDENT

TENDER NO. 16/2023-24/KWA/PHC/TVLA/ID -
353/ 2022 (RT-2)-2022-26-3-2/1 DTD.
05.05.2023


IN GOVERNMENT
Exhibit P9 TRUE COPY INTERIM ORDER DTD. 07.07.2023 IN

W.P. (C). NO. 22253 OF 2023
2023:KER:45931
PETITIONER EXHIBITS



GOVERNMENT

GOVERNMENT
Exhibit P5 TRUE COPY OF DIRECTION

DTD. 04.05.2023 ISSUED BY 3RDRESPONDENT

TENDER NO. 18/2023-24/KWA/PHC/TVLA/(RT-
2)ID - 16851/2022 DTD. 05.05.2023


IN GOVERNMENT
Exhibit P9 TRUE COPY INTERIM ORDER DTD. 07.07.2023 IN

W.P. (C). NO. 22253 OF 2023
2023:KER:45931
PETITIONER EXHIBITS

NO.F.9/4/2020-PPD DTD. 12.11.2020 ISSUED BY

NO.F.9/4/2020-PPD DTD. 12.11.2020 ISSUED BY



MAP/JS(H)/2020(183777) DTD. 04.05.2023
Exhibit P6 TRUE COPY OF RELEVANT PAGES OF NIT WITH E-

Exhibit P7 TRUE COPY OF LETTER OF ACCEPTANCE DATED

05/07/2023 ISSUED BY 2ND RESPONDENT TO
PETITIONER



2023:KER:45931

Exhibit P12 TRUE COPY OF INTERIM ORDER DATED 07/07/2023

IN W.P.(C) NO 22135/2023 BEFORE THIS HON.BLE
COURT
2023:KER:45931
PETITIONER EXHIBITS

Exhibit P2 THE TRUE COPY OF THE LETTER OF ACCEPTANCE

Exhibit P3 .THE TRUE COPY OF G.O.(P) NO.7/2021/FIN

KERALA,
Exhibit P4 A TRUE COPY OF THE GO (P)NO.32/2022 DATED


THIS HON'BLE COURT
2023:KER:45931
PETITIONER EXHIBITS



GOVERNMENT

GOVERNMENT

MAP/JS(H)/2020(183777) DTD. 04.05.2023
Exhibit 6 TRUE COPY OF RELEVANT PAGES OF NIT RE-

TENDER NO. 14/2023-24/SE/PHC/PKD WITH LAST
DATE OF SUBMISSION ON 20.05.2023

PHC/PKD/JJM- PUDUR/22-23 ON 03.07.2023

IN GOVERNMENT

2023:KER:45931
GOVERNMENT

GOVERNMENT

GOVERNMENT

(C). NO. 22135 OF 2023 BEFORE THIS HON'BLE
COURT
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF UDAYAM REGISTRATION

CERTIFICATE BEARING NO. KL12-0045300 DATED
09-03-2023
EXHIBIT-P2 A TRUE COPY OF LETTER OF ACCEPTANCE

(SELECTION NOTICE) DATED 29-5-2023

(SELECTION NOTICE) DATED 22-05-2023

(SELECTION NOTICE) DATED 26-06-2023.
EXHIBIT-P5 A TRUE COPY OF OFFICE MEMORANDUM DATED

EXPENDITURE UNDER THE MINISTRY OF
FINANCE , GOVERNMENT OF INDIA
EXHIBIT-P6 A TRUE COPY OF OFFICE MEMORANDUM DATED 07-

01.2020
EXHIBIT-P7 A TRUE COPY OF OFFICE MEMORANDUM ISSUED BY

GOVERNMENT OF INDIA DATED 12.11.2020
EXHIBIT-P8 A TRUE COPY OF ORDER DATED 7.1.2021 ISSUED

BY GOVERNMENT OF INDIA
EXHIBIT-P9 A TRUE COPY OF OFFICE MEMORANDUM ISSUED BY

GOVERNMENT OF INDIA DATED 30-12-2021
EXHIBIT-P10 A TRUE COPY OF ORDER DATED 15.3.2022

ISSUED BY GOVT. OF KERALA
EXHIBIT-P11 A TRUE COPY OF PURCHASE AND PRICE

PREFERENCE POLICY FOR MICRO AND SMALL
ENTERPRISES ISSUED BY 1ST RESPONDENT
EXHIBIT-P12 A TRUE COPY OF G.O. ( P ) NO.1 / 2021 /

FIN DATED 3.1.2021 ISSUED BY GOVT. OF
2023:KER:45931
KERALA
EXHIBIT-P13 A TRUE COPY OF ORDER DATED 6.1.2023 IN

W.P. ( C ) NO.478 / 2023 ISSUED BY HON'BLE
COURT
EXHIBIT-P14 A TRUE COPY OF ORDER 8.2.2023 IN W.P.

( C ) NO.4026 / 2023 SSUED BY HON'BLE
COURT
EXHIBIT-P15 A TRUE COPY OF ORDER DATED 23.2.2023 IN

I.A. NO.2 / 2023 IN W.P. ( C ) NO.4026 /
2023 ISSUED BY HON'BLE COURT
EXHIBIT-P16 A TRUE COPY OF THE ORDER OF THIS HON'BLE

COURT DATED 5.4.2023 IN W.A. NO.725 / 2023
EXHIBIT-P17 TRUE COPY OF THE INTERIM ORDER DATED 5-5-

2023 IN W.P © NO. 15130/2023
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF UDAYAM REGISTRATION

CERTIFICATE BEARING NO. KL12-0045395 DATED
10-03-2023
EXHIBIT-P2 TRUE COPY OF LETTER OF ACCEPTANCE

(SELECTION NOTICE DATED 27-06-2023)
EXHIBIT-P3 TRUE COPY OF OFFICE MEMORANDUM DATED

13.05.2020 ISSUED BY THE GOVT. OF INDIA
EXHIBIT-P4 A TRUE COPY OF OFFICE MEMORANDUM DATED 12-

11-2020 ISSUED BY THE GOVERNMENT OF INDIA

INDIA
EXHIBIT-P6 A TRUE COPY OF THE ORDER G.O. (P) NO.

7/2021/FIN DATED 7.1.2021 ISSUED BY GOVT.
OF KERALA IN EXTS. P4 & P5

30.12.2021 ISSUED BY THE GOVT. OF INDIA
EXHIBIT-P8 A TRUE COPY OF ORDER G.P. (P) NO.

32/2022/FIN DATED 15.3.2022 ISSUED BY GOVT
OF KERALA
EXHIBIT-P9 TRUE COPY OF PURCHASE AND PRICE PREFERENCE

POLICY FOR MICRO AND SMALL ENTERPRISES,
DATED 14-10-2011
EXHIBIT-P10 TRUE COPY OF G.O. ( P ) NO.1/ 2021/FIN

DATED 3.1.2021 ISSUED BY GOVT. OF KERALA
EXHIBIT-P11 TRUE COPY OF ORDER DATED 6.1.2023 IN W.P.

( C ) NO.478 / 2023 ISSUED BY HON'BLE HIGH
COURT
EXHIBIT-P12 TRUE COPY OF THE ORDER 8.2.2023 IN W.P.

2023:KER:45931
( C ) NO.4026 / 2023 ISSUED BY HON'BLE

HIGH COURT
EXHIBIT-P13 TRUE COPY OF ORDER DATED 23.2.2023 IN I.A.

NO.2 / 2023 IN W.P. ( C ) NO.4026 / 2023
ISSUED BY HON'BLE COURT
EXHIBIT-P14 TRUE COPY OF ORDER OF THIS HON'BLE COURT

DATED 5.4.2023 IN W.A. NO.725 / 2023
EXHIBIT-P15 A TRUE COPY OF THE INTERIM ORDER DATED 5-

5-2023 IN W.P © NO. 15130/2023
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF ACCEPTANCE

RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM



KERALA.

EXHIBIT P6 TRUE COPY OF G.O. (P) NO.32/2022/FIN DATED

KERALA.
EXHIBIT P7 TRUE COPY OF THE DIRECTION

RESPONDENT.

2023:KER:45931

NO.21909/2023.

2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.



KERALA.


KERALA.

RESPONDENT.

2023:KER:45931

NO.21909/2023.

2023:KER:45931
PETITIONER EXHIBITS

GOVERNMENT

GOVERNMENT
EXHIBIT P3 TRUE COPY OF DIRECTION

DTD. 04.05.2023 ISSUED BY 4TH RESPONDENT
EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF NIT E-

TENDER NO. 119/2022-23/SE/Q DTD.
31.03.2023


(C). NO. 16438 OF 2023

(C). NO. 22253 OF 2023
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF OFFICE MEMORANDUM

EXHIBIT P2 TRUE COPY IN W P (C). NO. 22370/2023 DATED

10.07.2023
EXHIBIT P3 TRUE COPY OF G.O.(P) NO.7/2021/FIN DTD.

GOVERNMENT
EXHIBIT P4 TRUE COPY OF G.O.(P) NO.32/ 2022/FIN DTD.

GOVERNMENT
EXHIBIT P5 RUE COPY OF DIRECTION NO.COVID-19/ROAD

MAP/JS (H)/2020(183777) DTD. 04.05.2023
EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF NIT WITH E-

EXHIBIT P7 TRUE COPY OF LETTER OF ACCEPTANCE DATED

PETITIONER
EXHIBIT P8 TRUE COPY OF G.O. (P) NO.429/ 2015/FIN

IN GOVERNMENT

GOVERNMENT

2023:KER:45931

GOVERNMENT

GOVERNMENT
EXHIBIT P12 TRUE COPYOF INTERIM ORDER DATED 07/07/2023

IN WP(C) NO 22135/2023 OF THIS HON'BLE
COURT
2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF OFFICE MEMORANDUM

EXHIBIT P2 TRUE COPY OF OFFICE MEMORANDUM NO.F.9/4/

EXHIBIT P3 TRUE COPY OF G.O.(P) NO.7/2021/FIN DTD.

GOVERNMENT
EXHIBIT P4 TRUE COPY OF G.O.(P) NO.32/ 2022/FIN DTD.

GOVERNMENT
EXHIBIT P5 TRUE COPY OF DIRECTION NO.COVID-19/ROAD

MAP/JS(H)/2020(183777) DTD. 04.05.2023
EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF NIT E-

TENDER NO. 22/2023-24/HWD/URBANDEPO
EXHIBIT P 7 TRUE COPY OF LETTER OF ACCEPTANCE

PETITIONERS
EXHIBIT P8 TRUE COPY OF G.O. (P) NO.429/ 2015/FIN

IN GOVERNMENT
EXHIBIT P9 %. TRUE COPY OF G.O. (P) NO.19/2016/FIN

2023:KER:45931
IN GOVERNMENT

GOVERNMENT

GOVERNMENT

(C). NO. 22135 OF 2023 BEFORE THIS HON'BLE
COURT
2023:KER:45931
PETITIONER EXHIBITS

RESPONDENT.



KERALA.


KERALA.

RESPONDENT.

2023:KER:45931

NO.21909/2023.

2023:KER:45931
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF G.O.(P) NO.7/2021/FIN DATED.

GOVERNMENT


MAP/JS(H)/2020(183777) DATED. 04.05.2023
EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF NIT TENDER

NO. SE/PHC/KKD/21/2021-22 WITH LAST DATE
OF SUBMISSION ON 10.01.2022
EXHIBIT P5 TRUE COPY OF THE LETTER NO.

1425/D5/2021/PHC - KKD DATED 13.07.2023
(WORK ORDER) ISSUED BY THE SECOND
RESPONDENT IS TO THE PETITIONER
EXHIBIT P6 TRUE COPY OF LETTER NO. 1425/D5/2021/PHC -

KKD DATED 18.02.2022 ISSUED BY THE SECOND
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED

26.08.2022 IN W.P.(C) NO. 27609/2022
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 29.03.2023

OF THIS HON'BLE COURT IN W.P.(C) NO.
27609/2022 AND CONNECTED CASES
EXHIBIT P9 TRUE COPY OF ORDER DATED. 07.07.2023 IN

W.P.(C). NO. 22279 OF 2023

15.06.2023 IN W.P.(C) NO. 19425/2023
2023:KER:45931
PETITIONER EXHIBITS



MAP/JS(H)/2020(183777) DATED. 04.05.2023
ISSUED BY MORTH GOVERNMENT OF INDIA
EXHIBIT P4 TRUE COPY OF E-TENDER NO:

SE/PHC/MPM/24/2023-24 PUBLISHED BY SECOND
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE WORK ORDER (E-TENDER NO

WRD/KWA-CEP/TR/10/2022_5_3_2/1 DATED 10-05-
2023 FOR THE JAL JEEVAN MISSION (JJM)- CWSS
TO THRIKKALANGODE, PORUR AND PANDIKKAD
PANCHAYATHS IN MALAPPURAM DISTRICT-PACKAGE
4 - CONSTRUCTION OF OHSR AND GLSR, LAYING
OF GRAVITY MAINS, DISTRIBUTIONS LINES AND
PROVIDING FHTC IN PANDIKKAD PANCHAYATH-
GENERAL CIVIL WORK) ISSUED BY THE SECOND
RESPONDENT

14.07.2023 IN W.P.(C) NO. 23155/2023
EXHIBIT P7 TRUE COPY OF INTERIM ORDER DATED.

07.07.2023 IN W.P.(C). NO. 22279 OF 2023
2023:KER:45931
PETITIONER EXHIBITS

3.12.2022 ISSUED BY THE 3RD RESPONDENT.




KERALA.


KERALA.

ISSUED BY THE 3RD RESPONDENT TO THE
EXECUTIVE ENGINEER, PH DIVISION, KERALA
WATER AUTHORITY, THRISSUR.

THE 3RD RESPONDENT.
2023:KER:45931

PETITIONER EXHIBITS

NIL ISSUED BY THE 3RD RESPONDENT.




KERALA.


KERALA.

ISSUED BY THE 3RD RESPONDENT TO THE
EXECUTIVE ENGINEER, PWD ROADS DIVISION,
THRISSUR.

THE 3RD RESPONDENT.
2023:KER:45931
PETITIONER EXHIBITS




THE SUBJECT ADDITIONAL PERFORMANCE SECURITY
IN CASE OF ABNORMALLY LOW BIDS.

KERALA.


KERALA.

NO.18115/2023.
Exhibit 8(a) TRUE COPY OF THE ORDER OF THIS HON'BLE

COURT DATED 5.4.2023 IN W.A. NO.725 /2023.

THE 4TH RESPONDENT.

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2023:KER:45931

WP(C) NO.35311 OF 2022 & conn.cases 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM ‘CR’

SRI.K.V.MANOJ KUMAR, SR.GP, SMT.VIDYA KURIAKOSE, GP,

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

M/S OM DHAR ENGINEERING PVT. LTD,

1 THE KERALA WATER AUTHORITY,

2 THE SUPERINTENDING ENGINEER.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

M/S OM DHAR ENGINEERING PVT. LTD.

1 THE KERALA WATER AUTHORITY,

2 THE SUPERINTENDING ENGINEER,

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 4

IN THE HIGH COURT OF KERALA AT ERNAKULAM

M/S OM DHAR ENGINEERING PVT. LTD.

1 THE KERALA WATER AUTHORITY,

2 THE SUPERINTENDING ENGINEER,

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 5

IN THE HIGH COURT OF KERALA AT ERNAKULAM

1 THE KERALA WATER AUTHORITY,

2 THE SUPERINTENDING ENGINEER,

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 6

IN THE HIGH COURT OF KERALA AT ERNAKULAM

M/S OM DHAR ENGINEERING PVT. LTD,

1 THE KERALA WATER AUTHORITY,

2 THE SUPERINTENDING ENGINEER,

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 7

IN THE HIGH COURT OF KERALA AT ERNAKULAM

M/S. BASIC N NEEDS ENGINEERS AND CONTRACTORS

2 NATIONAL SMALL INDUSTRIES CORPORATION LTD

SRI.K.V.MANOJ KUMAR SR.GP, SMT.VIDYA KURIAKOSE,GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 8

IN THE HIGH COURT OF KERALA AT ERNAKULAM

M/S OM DHAR ENGINEERING PVT. LTD.,

1 THE KERALA WATER AUTHORITY,

2 THE SUPERINTENDING ENGINEER,

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 9

IN THE HIGH COURT OF KERALA AT ERNAKULAM

M/S OM DHAR ENGINEERING PVT. LTD.

1 THE KERALA WATER AUTHORITY.

2 THE SUPERINTENDING ENGINEER,

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

WP(C) NO.35311 OF 2022 & conn.cases 10

IN THE HIGH COURT OF KERALA AT ERNAKULAM

1 KERALA WATER AUTHORITY

2 THE SUPERINTENDING ENGINEER

WP(C) NO.35311 OF 2022 & conn.cases 11

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON