Disposed

M and T Constructions v. State of Kerala

Kerala HC12 Jan 2022WA/692/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ appeals filed by M & T Constructions and its managing partner against a judgment relating to contract works. The Court directed the Secretary to the Government, Department of Public Works, to pass appropriate orders on a pending representation regarding the firm's registration certificate within one month.

What did the court decide?

Direction to the Secretary to the Government, Department of Public Works, to pass appropriate orders on the representation dated 23.2.2021 filed by the appellant within one month from the date of rece

M and T Constructions Vs State of Kerala — Company and Corporate | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 12^TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943

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WA NO. 692 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 976/2021 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS:

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1 M & T CONSTRUCTIONS VALIYAKAVALA, VAIKOM P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, MANOJ KRISHNA.

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2 MANOJ KRISHNA, MANAGING PARTNER, M AND T CONSTRUCTIONS, VALIYAKAVALA, VAIKOM P.O., KOTTAYAM DISTRICT.

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BY ADVS.

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SRI.KURIAN GEORGE KANNANTHANAM (SR.) BABU JOSEPH KURUVATHAZHA SMT.K.S.ARCHANA

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

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2 CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM -695033.

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3 SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), SOUTH CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-695033.

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W.A.Nos.692 & 720 of 2021

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4 SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS AND LOCAL WORKS), SOUTH CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-695033.

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SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.01.2022, ALONG WITH WA.720/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.Nos.692 & 720 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 12^TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943

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WA NO. 720 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 28248/2020 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS:

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1 MANOJ KRISHNA AGED 55 YEARS

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MANAGING PARTNER, M & T CONSTRUCTIONS, VALIYAKAVALA, VAIKOM P.O., KOTTAYAM DISTRICT.

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2 M & T CONSTRUCTIONS,

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VALIYAKAVALA, VAIKOM P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, MANOJ KRISHNA.

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BY ADVS.

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SRI.KURIAN GEORGE KANNANTHANAM (SR.) BABU JOSEPH KURUVATHAZHA

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K.S.ARCHANA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

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2 CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-695033.

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W.A.Nos.692 & 720 of 2021

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3 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS & BRIDGES) SOUTH CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM695033.

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4 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS & LOCAL WORKS), SOUTH CIRCLE, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM-695033.

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SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.01.2022, ALONG WITH WA.692/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.Nos.692 & 720 of 2021

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JUDGMENT

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Dated this the 12^th day of January, 2022

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S. MANIKUMAR, CJ.

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Being aggrieved, by the common judgment in W.P.(C) Nos.28248 of 2020 and 976 of 2021 dated 11.2.2021, instant appeals are filed.

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M/s.M.T. Constructions and Manoj Krisha - appellants herein, are the firm and Managing Partner, respectively.

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Though, the common judgment is assailed on several grounds, Mr.Kurian George Kannanthanam, learned Senior Counsel appearing for the appellants, submitted that after filing of the writ appeals, appellants and another partner, Mr.V.T.Thomas, have submitted a representation dated 23.2.2021 to the Secretary to the Government, Department of Public Works, Government Secretariat, Thiruvananthapuram and Superintending Engineer, Public Works Department

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W.A.Nos.692 & 720 of 2021

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(Buildings & Local Works), Thiruvananthapuram – respondent Nos.1 & 3 respectively, to issue directions to all the concerned authorities under the PWD as well as other work awarding authorities, to treat the registration certificate (Annexure A1) as the registration of the firm, 'M/s.M&T Constructions', for all purposes of contract works and the said representation – Annexure 48, and if the said representation is directed to be disposed of by the Secretary to the Government, Department of Public Works, Government Secretariat, Thiruvananthapuram – respondent No.1, it would suffice the situation, and there is no requirement for consideration of the appeals on their merit.

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Mr.Tek Chand, learned Senior Government Pleader, submitted that he has no objection for issuing a direction to the Secretary to the Government, Department of Public Works, Government Secretariat, Thiruvananthapuram – respondent No.1, to consider the representation dated 23.2.2021 (Annexure 48), if received and pending. For brevity, the representation dated 23.2.2021, is reproduced hereunder:

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Placing on record the above submission, there shall be a direction to the Secretary to the Government, Department of Public Works, Government Secretariat, Thiruvananthapuram – respondent No.1, to pass appropriate orders on the representation dated 23.2.2021, if received and pending, within one month from the date of receipt of a copy of this judgment.

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With the above directions, writ appeals are disposed of.

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Sd/-

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S.MANIKUMAR CHIEF JUSTICE

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Sd/- SHAJI P.CHALY JUDGE

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smv

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W.A.Nos.692 & 720 of 2021

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APPENDIX OF WA 720/2021

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PETITIONER ANNEXURES Annexure A1	TRUE COPY OF THE ISSUED BY THE KER CORPORATION LTD., CONSTRUCTIONS.	WORK ORDER DATED 22.09.2010 ALA STATE CONSTRUCTION IN FAVOUR OF "M/S.M&T
Annexure A2	TRUE COPY OF THE 11.02.2016 ISSUED IRRIGATION SOUTH FAVOUR OF "M/S.M&	SELECTION NOTICE DATED BY THE SUPERINTENDING ENGINEER, CIRCLE, THIRUVANANTHAPURAM, IN T CONSTRUCTIONS.
Annexure A3	TRUE COPY OF THE 11.05.2018 ISSUED ROADS DIVISION, K CONSTRUCTIONS.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF "M/S.M&T
Annexure A4	TRUE COPY OF THE 07.06.2018 ISSUED FAVOUR OF M/S.M&T	SELECTION NOTICE DATED BY THE 3RD RESPONDENT, IN CONSTRUCTIONS.
Annexure A5	TRUE COPY OF THE 31.10.2018 ISSUED ROADS DIVISION, K CONSTRUCTIONS.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF M/S.M&T
Annexure A6	TRUE COPY OF THE 31.10.2018 ISSUED ROADS DIVISION, K CONSTRUCTIONS.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF M/S.M&T
Annexure A7	TRUE COPY OF THE 15.11.2018 ISSUED ROADS DIVISION, K CONSTRUCTIONS.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF M/S.M&T
Annexure A8	TRUE COPY OF THE 20.02.2019 ISSUED ROADS DIVISION, K CONSTRUCTIONS.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF M/S.M&T
Annexure A9 Annexure A10	TRUE COPY OF THE 24.10.2019 ISSUED OF M/S.M&T CONSTR TRUE COPY OF THE	SELECTION NOTICE DATED BY THE 3RD RESPONDENT IN FAVOUR UCTIONS. SELECTION NOTICE DATED

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	20.02.2020 ISSUED OF M/S.M&T CONSTR	BY THE 3RD RESPONDENT IN FAVOUR UCTIONS.
Annexure A11	TRUE COPY OF THE 27.01.2010 ISSUED FAVOUR OF THE 1ST	SELECTION NOTICE DATED BY THE 4TH RESPONDENT, IN APPELLANT.
Annexure A12	TRUE COPY OF THE ISSUED BY THE KER CORPORATION LTD.,	WORK ORDER DATED 21.12.2021 ALA STATE CONSTRUCTION IN FAVOUR OF THE 1ST APPELLANT.
Annexure A13	TRUE COPY OF THE ISSUED BY THE KER CORPORATION LTD.,	WORK ORDER DATED 29.11.2013 ALA STATE CONSTRUCTION IN FAVOUR OF THE 1ST APPELLANT.
Annexure A14	TRUE COPY OF THE 23.06.2015 ISSUED IRRIGATION SOUTH FAVOUR OF THE 1ST	SELECTION NOTICE DATED BY THE SUPERINTENDING ENGINEER, CIRCLE, THIRUVANANTHAPURAM, IN APPELLANT.
Annexure A15	TRUE COPY OF THE 23.07.2015 ISSUED ROADS DIVISION, K APPELLANT.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A16	TRUE COPY OF THE 24.11.2014 ISSUED ROADS DIVISION, K APPELLANT.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A17	TRUE COPY OF THE 28.07.2015 ISSUED ROADS DIVISION, K APPELLANT.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A18	TRUE COPY OF THE 17.02.2016 ISSUED ROADS DIVISION, K APPELLANT.	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A19	TRUE COPY OF THE 28.07.2015 ISSUED FAVOUR OF THE 1ST	SELECTION NOTICE DATED BY THE 3RD RESPONDENT, IN APPELLANT.
Annexure A20	TRUE COPY OF THE 17.07.2017 ISSUED FAVOUR OF THE 1ST	SELECTION NOTICE DATED BY THE 3RD RESPONDENT, IN APPELLANT.
Annexure A21	TRUE COPY OF THE	SELECTION NOTICE DATED

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	29.07.2017 FAVOUR OF	ISSUED THE 1ST	BY THE 3RD RESPONDENT, IN APPELLANT.
Annexure A22	TRUE COPY 21.07.2018 FAVOUR OF	OF THE ISSUED THE 1ST	SELECTION NOTICE DATED BY THE 3RD RESPONDENT, IN APPELLANT.
Annexure A23	TRUE COPY ISSUED BY 1ST APPELL	OF THE THE 3RD ANT.	SELECTION NOTICE DATED .09.2018 RESPONDENT, IN FAVOUR OF THE
Annexure A24	TRUE COPY 25.09.2018 FAVOUR OF	OF THE ISSUED THE 1ST	SELECTION NOTICE DATED BY THE 3RD RESPONDENT, IN APPELLANT.
Annexure A25	TRUE COPY 28.09.2018 FAVOUR OF	OF THE ISSUED THE 1ST	SELECTION NOTICE DATED BY THE 3RD RESPONDENT, IN APPELLANT.
Annexure A26	TRUE COPY 09.01.2020 FAVOUR OF	OF THE ISSUED THE 1ST	SELECTION NOTICE DATED BY THE 3RD RESPONDENT, IN APPELLANT.
Annexure A27	TRUE COPY 24.02.2016 ROADS DIVI APPELLANT.	OF THE ISSUED SION, K	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A28	TRUE COPY 31.10.2017 ROADS DIVI APPELLANT.	OF THE ISSUED SION, K	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A29	TRUE COPY 13.11.2017 ROADS DIVI APPELLANT.	OF THE ISSUED SION, K	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A30	TRUE COPY 18.11.2017 ROADS DIVI APPELLANT.	OF THE ISSUED SION, K	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A31	TRUE COPY 27.12.2017 ROADS DIVI APPELLANT.	OF THE ISSUED SION, K	SELECTION NOTICE DATED BY THE EXECUTIVE ENGINEER, PWD OTTAYAM, IN FAVOUR OF THE 1ST
Annexure A32	TRUE COPY	OF THE	SELECTION NOTICE DATED

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	11.06.2018 ISSUE ROADS DIVISION, APPELLANT.	D BY THE EXECUTIVE ENGINEER, PWD KOTTAYAM, IN FAVOUR OF THE 1ST
Annexure A33	TRUE COPY OF THE 31.10.2018 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD KOTTAYAM, IN FAVOUR OF THE 1ST
Annexure A34	TRUE COPY OF THE 07.04.2020 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD KOTTAYAM, IN FAVOUR OF THE 1ST
Annexure A35	TRUE COPY OF THE 16.10.2018 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure A36	TRUE COPY OF THE 16.02.2018 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure A37	TRUE COPY OF THE 20.02.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure A38	TRUE COPY OF THE 28.02.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure A39	TRUE COPY OF THE 27.02.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure A40	TRUE COPY OF THE 02.03.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure A41	TRUE COPY OF THE 02.03.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST

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Annexure	A42 TRUE COPY OF THE 07.03.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure	A43 TRUE COPY OF THE 07.03.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure	A44 TRUE COPY OF THE 07.03.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure	A45 TRUE COPY OF THE 16.08.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure	A46 TRUE COPY OF THE 16.08.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST
Annexure	A47 TRUE COPY OF THE 28.11.2019 ISSUE ROADS DIVISION, APPELLANT.	SELECTION NOTICE DATED D BY THE EXECUTIVE ENGINEER, PWD ALAPPUZHA, IN FAVOUR OF THE 1ST

M and T Constructions v. State of Kerala

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M and T Constructions v. State of Kerala

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