The Court dismissed the present writ petition allowing liberty to the parties to pursue all contentions in a subsequent writ petition filed by the same petitioner, with the files transferred for further proceedings.
The writ petition is closed with liberty to the parties to move the subsequent writ petition.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945
WP(C) NO. 19606 OF 2022
PETITIONER:
M/S. DEENS GROUP
DOOR NO. 23/130-D2, IIND FLOOR, MARVEL PLAZA BUILDING,
HMT ROAD KALAMASSERY, ERNAKULAM, KERALA - 683104,
REPRESENTED BY ITS PROPRIETOR, SHRI. P.N.SHANAVAS.
BY ADVS.
SANTHOSH MATHEW
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
KARTHIK RAJAGOPAL
KURIAN ANTONY MATHEW
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA - 695001.
2KOCHI METRO RAIL LIMITED
4TH FLOOR, JLN METRO STATION, KALOOR, ERNAKULAM, KERALA -
682017 REPRESENTED BY ITS GENERAL MANAGER.
3KOCHI MUNICIPAL CORPORATION
PB NO-1016, COCHIN, ERNAKULAM, KERALA - 682011
REPRESENTED BY ITS SECRETARY.
4STATE MISSION MANAGEMENT UNIT,
AMRUT-KERALA, 4TH FLOOR, MEENAKSHI PLAZA, ARTECH
BUILDING, OPPOSITE GOVT. HOSPITAL FOR WOMEN & CHILDREN,
THYCAUD, THIRUVANANTHAPURAM, KERALA -695014 REPRESENTED
BY ITS MISSION DIRECTOR.
BY ADVS.
K.JAJU BABU (SR.)
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION
SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO RAIL LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19606 OF 2022
2
JUDGMENT
In view of the subsequent writ petition filed
by the petitioner, namely WP(C)No.25665/2023, I
close this writ petition, however, leaving them
open the liberty to impel all contentions in the
said writ petition. For the sake of convenience,
the judges papers of this writ petition shall
continue to be along with WP(C)No.25665/2023.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 19606 OF 2022
3
APPENDIX OF WP(C) 19606/2022
PETITIONER’S EXHIBITS:
Exhibit |
P1 |
TRUE COPY OF THIS NOTICE INVITING TENDER DATED04.08.2018 FOR THE WORK "CONSTRUCTION OFPADMASAROVARAM WALKWAY AND CYCLE TRACK FORKOCHI MUNICIPAL CORPORATION UNDER AMRUT SCHEME(PACKAGE IV)" ISSUED BY THE 2ND RESPONDENT. |
|---|---|---|
Exhibit |
P2 |
TRUE THE LETTER OF ACCEPTANCE (LOA) DATED16.11.2018 ISSUED BY THE 2ND RESPONDENTAWARDING THE CONTRACT FOR THE WORK TO THEPETITIONER. |
Exhibit |
P3 |
TRUE COPY OF THE AGREEMENT DATED 21.12.2018EXECUTED BETWEEN THE PETITIONER AND THE 2NDRESPONDENT. |
Exhibit |
P4 |
TRUE COPY OF THE JUDGMENT DATED 10.11.2020 OFTHIS HONOURABLE COURT IN W.P.(C) NO.12604 OF2020. |
Exhibit |
P5 |
TRUE COPY OF THE LETTER DATED 21.01.2021 SENTBY THE 2ND RESPONDENT TO THE PETITIONER. |
Exhibit |
P6 |
TRUE COPY OF THE LETTER OF THE PETITIONERDATED 02.02.2021 SENT TO THE 2ND RESPONDENT. |
Exhibit |
P7 |
TRUE COPY OF THE LETTER DATED 05.07.2021 SENTBY THE PETITIONER TO THE 2ND RESPONDENT. |
Exhibit |
P8 |
TRUE COPY OF THE PETITIONER'S LETTER DATED27.07.2021 WITH WHICH THE R.A. BILL WASENCLOSED SENT TO THE 2ND RESPONDENT. |
Exhibit |
P9 |
TRUE COPY OF THE LETTER DATED 09.12.2021 OFTHE PETITIONER SENT TO THE 2ND RESPONDENT. |
Exhibit |
P10 |
TRUE COPY OF THE PETITIONER'S LETTER DATED-17.05.2022 SENT TO THE 2ND RESPONDENT. |
RESPOND |
ENTS’ EXHIBITS |
|
Exhibit |
R2 (a) |
TRUE COPY OF THE LETTER VIDENO.KMRL/PRJ/AMRUT/320/2017/288 DATED28.06.2018 FORWARDED BY THE 2ND RESPONDENT TOTHE 3RD RESPONDENT |
Exhibit |
R2 (b) |
TRUE COPY OF THE LETTER VIDENO.KMRL/PRJ/AMRUT/SAROVARAM/383/2018 DATED25.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE3RD RESPONDENT |
WP(C) NO. 19606 OF 2022
4
Exhibit R2 (C)) |
TRUE COPY OF THE LETTER VIDE NO.KMRL/PRJ/AMRUT/SAROVARAM/383/2018/890 DATED13.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE3RD RESPONDENT |
|---|---|
Exhibit R2 (D) |
TRUE COPY OF THE CERTIFIED BILL DATED21.03.2022 RELATING TO THE CONSTRUCTION OFPADMASAROVARAM WALKWAY AND CYCLE TRACK FORKOCHI MUNICIPAL CORPORATION |
Exhibit R2 (E) |
TRUE COPY OF THE LETTER VIDENO.KMRL/PRJ/AMRUT/KOCHI/1789 DATED 23.03.2022ISSUED BY THE 2ND RESPONDENT TO THE 3RDRESPONDENT |
Exhibit R2(f) |
TRUE COPY OF THE LETTER VIDENO.KMRL/PRJ/AMRUT-SAROVARAM/383/2018/3007DATED 23.11.208 ISSUED BY THE 2ND RESPONDENTTO THE 3RD RESPONDENT. |
Exhibit R2(g) |
TRUE COPY OF THE EMAIL COMMUNICATION DATED06.12.2018 REGARDING THE MINUTES OF THEMEETING FORWARDED BY THE 2ND RESPONDENT. |
Exhibit R2(h) |
TRUE COPY OF THE COUNTER AFFIDAVIT FILED BYTHE 3RD RESPONDENT IN W.P.(C).NO. 12604/2020BEFORE THIS HON'BLE COURT WITHOUT EXHIBITS. |
Exhibit R2(i) |
TRUE COPY OF THE COUNTER AFFIDAVIT FILED BYTHE 4TH RESPONDENT (SECRETARY IN CHARGE,CORPORATION OF KOCHI) IN WP(C) NO. 7063/2019PRESENTED ON 22.5.2019 BEFORE THIS HON'BLECOURT |
Exhibit R2(j) |
TRUE COPY OF THE EMAIL COMMUNICATION DATED20.09.2022 FORWARDING OF THE DETAILED BILL TOTHE 3RD RESPONDENT. |
Exhibit R2(k) |
TRUE COPY OF THE EMAIL COMMUNICATION DATED22.09.2022 FORWARDING OF THE DETAILED BILL TOTHE 3RD RESPONDENT |
2 issues framed by the court
Whether to allow the dismissal of the current writ petition given a subsequent petition covering the same subject matter.
Whether the parties should be granted liberty to present contentions in the subsequent petition.
M/S. DEENS GROUP
STATE OF KERALA
KOCHI METRO RAIL LIMITED
KOCHI MUNICIPAL CORPORATION
STATE MISSION MANAGEMENT UNIT, AMRUT-KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court