The High Court of Kerala dismissed a writ petition filed by a contractor who, despite submitting the lowest bid in an open tender, complained that work initiated for flood mitigation had not commenced, even after the execution period expired.
The writ petition is closed as the period of execution for the work has long since expired.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 11THDAY OF JANUARY 2023 / 21ST POUSHA,1944
WP(C) NO. 12583 OF 2018
PETITIONER:
AJIMON T.U
S/O.USMANKUTTY, AGED 39 YEARS, PROPRIETOR,
M/S.SQUARE CONSTRUCTIONS, THOTTAMJALIL HOUSE,
EDATHALA NORTH P.O., ALUVA.
BY ADV SMT.M.S.KIRAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.2 SECRETARY TO GOVERNMENT DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.3 THE SUPERINTENDING ENGINEER KUTTANAD DEVELOPMENT CIRCLE, CHENGANNUR, ALAPPUZHA, KERALA, PIN-689121.4 THE CHIEF ENGINEERK.D.DIVISION, VEZHAPRA, ALAPPUZHA, PIN-685001.5 THE EXECUTIVE ENGINEER KUTTANAD DEVELOPMENT DIVISION, MANCOMPU, PIN-688052.BY ADV GOVERNMENT PLEADER, SMT.ANIMA M
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.12583/2018
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JUDGMENT
The petitioner is a contractor. He states that a notice inviting tender was issued by the 3rd respondent for the mitigation of flood in the Padasekharams of Kuttanad Taluk and nearby areas. The petitioner asserts that he submitted the lowest bid. The grievance of the petitioner is that the respondents have not initiated any steps for implementing the work in pursuance of the tender. It is in the afore circumstances that this writ petition is filed seeking issuance of directions to the respondents to initiate necessary steps to execute the agreement and also for a declaration that the respondents are liable to execute the agreement for mitigation of flood.
This writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
PS/11/1/2023
W.P.(C) No.12583/2018
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APPENDIX OF WP(C) 12583/2018
PETITIONER’S EXHIBITS
EXHIBIT P1 |
A TRUE COPY OF THE NOTICE INVITING TENDERNO.E-TENDER-SEKDC/901/2013-14(439) DATED12.09.2014 PUBLISHED BY THE 3RDRESPONDENT. |
|---|---|
EXHIBIT P2 |
A TRUE COPY OF THE LETTERNO.D4-1756(21)SE/KDC/CGNR/2013 DATED31.10.2014. |
EXHIBIT P3 |
A TRUE COPY OF THE COMMUNICATIONNO.06/KTND/CHNGR DATED 14.11.2014SUBMITTED BY THE PETITIONER BEFORE THE 3RDRESPONDENT. |
EXHIBIT P4 |
A TRUE COPY OF THE COMMUNICATIONNO.W3-1935/2013/KP(19) DATED 22.12.2014ISSUED BY THE 4TH RESPONDENT TO THE 2NDRESPONDENT. |
EXHIBIT P5 |
A TRUE COPY OF THE LETTERNO.D6-1756(21)/KDC/CGNR/14-15 DATED17.03.2015 ISSUED BY THE 3RD RESPONDENT. |
EXHIBIT P6 |
A TRUE COPY OF THE COMMUNICATIONNO.W3-1935/2013/KP(19) DATED 12.08.2016ISSUED BY THE 4TH RESPONDENT TO THE 2NDRESPONDENT. |
EXHIBIT P7 |
A TRUE COPY OF THE COMMUNICATIONNO.SQR/HO/005/KTND/02/2016 DATED01.02.2016 ISSUED BY THE PETITIONER. |
EXHIBIT P8 |
A TRUE COPY OF THE COMMUNICATIONNO.SQR/HO/037/KTND/09/2016 DATED05.09.2016 ISSUED BY THE PETITIONER. |
EXHIBIT P9 |
A TRUE COPY OF THE COMMUNICATIONNO.SQR/HO/046/KTND/03/2017 DATED |
W.P.(C) No.12583/2018
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27.03.2017 ISSUED BY THE PETITIONER. |
|
|---|---|
EXHIBIT |
P10A TRUE COPY OF THE COMMUNICATIONNO.SQR/HO/0149/KTND/08/2017 DATED29.08.2017 ISSUED BY THE PETITIONER. |
EXHIBIT |
P11A TRUE COPY OF THE COMMUNICATIONNO.SQR/HO/151/KTND/11/2017 DATED28.11.2017 ISSUED BY THE PETITIONER. |
EXHIBIT |
P12A TRUE COPY OF THE COMMUNICATIONNO.SQR/HO/154/KTND/02/2018 DATED26.02.2018 ISSUED BY THE PETITIONER. |
EXHIBIT |
P13A TRUE COPY OF THE REPRESENTATIONSUBMITTED BY THE MATHOOR PADASEKHARASAMITHY DATED 06.03.2018. |
EXHIBIT |
P14A TRUE COPY OF THE COMMUNICATIONNO.D2-1597/K.D.D.N//2014 DATED 13.03.2018ISSUED BY THE 3RD RESPONDENT. |
RESPONDENT’S EXTS.
EXHIBIT |
R1(a)COPY OF THE ORDER G.O.(RT) |
|---|---|
No.1072/2013/wrd dt.3.10.2013. |
|
EXHIBIT |
R1(b)COPY OF THE LETTERNO.D6-1756(21)/SE/KDC/CGNR/2013-14DT.21.5.2018. |
EXHIBIT |
R1(c)A TRUE COPY OF THE LETTER |
NO.F1-865/2018/IN & KP DATED 12.11.2019 |
1 issue framed by the court
Whether the writ petition seeking directions to execute the agreement and declaration of liability should be allowed.
AJIMON T.U
STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM
SECRETARY TO GOVERNMENT DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
SUPERINTENDING ENGINEER KUTTANAD DEVELOPMENT CIRCLE, CHENGANNUR, ALAPPUZHA, KERALA
THE CHIEF ENGINEER K.D.DIVISION, VEZHAPRA, ALAPPUZHA
THE EXECUTIVE ENGINEER KUTTANAD DEVELOPMENT DIVISION, MANCOMPU
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court