Disposed

Kadavanthra Central Residence Welfare Association v. Corporation of Kochi

Kerala HC6 Mar 2023WP(C)/5906/2023

Case brief

AI extract

What is this about?

High Court disposed of two writ petitions concerning delays in road restoration and water supply works on K.P. Vallon Road, Kadavanthra. The court directed authorities to conduct a joint inspection and finalize tenders expeditiously.

What did the court decide?

Directing the concerned authorities to conduct a joint inspection and finalize tenders for road restoration and pipe laying without any delay.

Kadavanthra Central Residence Welfare… — Public Procurement and Tenders | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN MONDAY, THE 6^TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944 WP(C) NO. 5906 OF 2023

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PETITIONER:

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KADAVANTHRA CENTRAL RESIDENCE WELFARE ASSOCIATION (REG NO: 359/2008), KADAVANTHRA, KOCHI,PIN - 682020 REPRESENTED BY ITS SECRETARY, P.K MURALI, AGED 65,S/O. KUTTAPPAN NAIR,

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BY ADV MANU ROY

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RESPONDENTS:

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1 CORPORATION OF KOCHI KOCHI,PIN – 682011 REPRESENTED BY ITS SECRETARY,

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2 KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURARAM, PIN - 695033 REPRESENTED BY MANAGING DIRECTOR,

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3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION, PALLIMUKKU, KOCHI, PIN – 682016

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4 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, KAKKANAD, PIN – 682030

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BY ADV. SRI. K.P. HARISH, SR. GOVERNMENT PLEADER SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION GEORGIE JOHNY, SC, KWA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2023, ALONG WITH WP(C).36227/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.5906/2023 & 36227/2022

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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 MURALI PURUSHOTHAMAN MONDAY, THE 6^TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944

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WP(C) NO. 36227 OF 2022

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PETITIONER:

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M.D.JOHN AGED 74 YEARS, S/O DEVASSY, MANAYATHARA HOUSE, AMALA BHAVAN ROAD, KADAVANTHRA, ERNAKULAM DISTRICT, PIN-682020.

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BY ADVS. N.J.JOHNSON T.K.AJITH KUMAR K.T.SIDHIQ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN: 695001.

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2 KOCHI MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION BUILDING, PARK AVENUE, ERNAKULAM, KOCHI- 682011.

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3 THE SECRETARY, GREATER KOCHIN DEVELOPMENT AUTHORITY, SAHODARAN AYYAPPAN ROAD, KADAVANTHRA, KOCHI-682020.

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WP(C) Nos.5906/2023 & 36227/2022

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4 THE KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR JALABHAVAN,VELLAYAMBALAM, THIRUVANANTHAPURAM-695010

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[ADDL.R4 IS IMPLEADED SUO MOTU AS PER ORDER DATED 23.11.2022 IN WPC]

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BY ADVS.

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SRI. K.P. HARISH, SR. GOVERNMENT PLEADER SRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION SRI.VIPIN P.VARGHESE, SC, GCDA GEORGIE JOHNY, SC, KWA ADARSH MATHEW KEVIN MATHEW GEORGE MEERA ELSA GEORGE MERLINE MATHEW

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2023, ALONG WITH WP(C).5906/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.5906/2023 & 36227/2022

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J U D G M E N T

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Dated this the 6^th day of March, 2023

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S. Manikumar, CJ.

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On 11.11.2022, in W.P(C).No.36227 of 2022, we passed the following order:

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“Instant public interest writ petition is filed for the following relief:-

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“Call for the records leading to Government Order MS/247/78/LA & SWD dated 24^th October 1978 and to issue a Writ of Mandamus compelling the respondents to complete the road widening work of Kadavanthra Road, presently known as K.P. Vallon Road within a time frame.”

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Short facts leading to the filing of the writ petition are as under:-

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According to the petitioner, Kadavanthra Road was later named as K. P. Vallon Road. In the year 1978, the Government of Kerala issued an Order for widening of the road, fixing the width of the road as 15 meters. The present width is only 8 meters. The total length of the road is only 2¹ /2 kilometers. In the year 2000, the respondents widened the road for about one kilometer and stopped there. The remaining road for about 1¹ /2 kilometers is to be widened. The Amala Bhavan Resident's Association and 27 other Associations, who are residing on either side of the road, also raised demand for widening the road, but the respondents are inactive.

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Mr. V. Tekchand, learned Senior Government Pleader, takes notice for the State of Kerala, represented by the Chief Secretary, Government Secretariat, Thiruvananthapuram, the 1^st respondent.

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WP(C) Nos.5906/2023 & 36227/2022

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Mr. K. Janardhana Shenoy, learned Standing Counsel, takes notice for the Kochi Municipal Corporation, Ernakulam, the 2^nd respondent.

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Mr. Vipin P. Varghese, learned Standing Counsel, takes notice for the Secretary, Greater Kochi Development Authority, Kochi, the 3^rd respondent.

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Respondents are directed to get instructions on the averments and prayers sought for, and file a statement of facts/counter affidavit, as the case may be, with supporting documents, within 10 days.

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Post on 23.11.2022.”

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Subsequently, after consideration of the

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representations made by the parties, in W.P(C).No.36227 of 2022, we passed periodical orders.

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3. On 1.2.2023 we passed the following order:

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“As directed, the Kerala Water Authority, the 4^th respondent, has filed a counter affidavit dated 28.01.2023, wherein it is stated thus:-

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“3. It is submitted that, the work "Deposit WorkKochi Corporation - Replacement of old and damaged 300mm and 250mm CI pipe by laying 250mm and 200mm DI K9 pipe from Yuvajana Samaajam Jn. To Panchayath Jn. at K.P. Vallon Road in Division 27(old) of Kochi Corporation" was arranged as a deposit work of Kochi Corporation. The work was started on 25.04.2022 after giving intimation to the Secretary and Councilors of Division Nos. 55, 56 & 57 of Kochi Corporation.

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WP(C) Nos.5906/2023 & 36227/2022

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A meeting was also convened with Councilors and Resident Association members for explaining the details of work for executing work smoothly. The concern of road restoration was raised by Resident Association members and it was decided to provide Granular Sub Base (GSB) and Concrete to restore the road initially after completion of work and later Corporation will do the tarring work.

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It is submitted that the work was progressing smoothly when the Councilor of Division 56 asked to stop the work until Corporation allots fund for the restoration of road. Hence the work was stopped from 30.04.2022 and till date corporation has not given the sanction to proceed with the work. The road was temporarily restored by laying GSB on cut open portion of the road and due to the delay in getting sanction to proceed with the work, intimation was given to the Secretary to restore the portion of road on 13.07.2022. True copy of the letter dated 13.07.2022 issued by the Assistant Engineer to the secretary Cochin Corporation along with its translation is produced here with marked as Exhibit R4(a).”

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Translation of Exhibit R4(a) referred to in the counter affidavit is reproduced:-

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“Kerala Water Authority W/w/sn3/8/14-15

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Office Of The Water Works Section No 3 Kochi 16 Date 13.07.2022 From Assistant Engineer To Secretary Kochi Corporation , Kochi Sir,

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Sub-Replacing the drinking water pipes from

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WP(C) Nos.5906/2023 & 36227/2022

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yuvajana samajam junction to panchayath junction at KP vallom road Kadavantra by including in the deposit scheme of Kochi corporation.

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Ref: 1) Letter No. CCPC7-11794/20 dt. 12.04.2021 Executive Engineer, Kochi Municipal Corporation, Kochi – 11.

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1. Agreement No. 01/2022-23/SE/PHC/CHN dt. 01.04.2022.

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1. This office letter on even No. dt. 06.04.2022 addressed to the Secretary, Kochi Corporation.

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Due to the grave scarcity of water at KP Vallon road, the Kochi corporation had paid the amounts for replacing the old pipes at KP Vallon road and the work of installing 200/160 mm D1 PV pipes had already started on 25.04.2022. The above work was done through the financial aid of the corporation and the amount for the road restoration was not included in the estimate. The work of concreting the area where the pipes were being installed was included in the estimate. The installation of the pipes was put on hold from 30.04.2022 till the matter regarding road restoration was decided, as per the instruction of the counsellor of the 56 division. Even though the area on the road where the pipes were installed was levelled by using GSB, pot holes were seen developed in some places since the installation of the pipes were not allowed further it is humbly requested to tar the places where pipes were already installed

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Yours sincerely Assistant engineer”

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That apart, Mr. Georgie Johny, learned counsel for the Kerala Water Authority, submitted that the said authority has obtained sanction of funds for laying pipes for supply of water. But during

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WP(C) Nos.5906/2023 & 36227/2022

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the process of laying pipes, the residents of the said area, wanted an assurance that tarring has to be done by the Corporation, and for that reason, work was stopped at the instance of the Councillor of Division No. 56. He further submitted that the authority has not been allotted any funds for tarring, after laying of pipes.

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On oral instructions, Mr.K.Janardhana Shenoy, learned Standing Counsel for the Corporation, submitted that tender will be floated for tarring of the road. He seeks two weeks time to file a counter affidavit or statement of facts to that effect.

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Post on 09.02.2023.”

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4. Order dated 17.2.2023 reads as under:

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“On this day, when the matter came up for hearing, Mr.Janardhana Shenoy, learned Standing Counsel appearing for the second respondent – Kochi Municipal Corporation submitted that tender floated has been accepted and the same has to be placed before the Municipal Council for approval. He further submitted that the tarring and other patchworks would be completed within two months.

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Above submission made by learned Standing Counsel appearing for the second respondent – Kochi Municipal Corporation is placed on record.

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In the light of the above submission, we make it clear that there should not be any impediment for the Kerala Water Authority to complete their work of laying water pipes. Let the work be restarted.

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If there is any resistance from the residents of the locality, the same be reported to the concerned

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WP(C) Nos.5906/2023 & 36227/2022

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police officials for police protection.

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Post after two weeks. Counter affidavit/ statement of facts, if any, be filed in the meanwhile.”

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Kochi Municipal Corporation/respondent No.2 in W.P. (C) No.36227 of 2022, has filed an affidavit dated 24.11.2022, which reads as under:

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“3. 1t Is humbly submitted that the averments in Paragraph nos to 7 are denied by this respondent other than specifically admitted hereunder. It is submitted that K P Vallon Road from Kadavanthara towards South has been completed for the first 1 km and thereafter has not been completed due to nonavailability of land. The Road has been maintained by the municipality since its inception. The entire stretch of the road can be completed only if the local residents vacate the land for widening of K.P Vallon Road. The road has been widened to about 1 km by 15 meters, further the road can be constructed if land is available as free surrender to develop one and a half km road. It is submitted that acquisition of land for road development is a very expensive and this respondent is not in a stable financial condition to acquire land by purchasing it from the land owners. The said issue can be resolved only by State Government by providing financial assistance for acquisition of land.

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It is humbly submitted that to resolve drinking water scarcity of the residents Municipal Division Nos. 55,56,57, this respondent had remitted One Crore and Sixty Five Lakh Rupees to the Kerala Water Authority, and the Kerala Water Authority has not completed the work as agreed. The road is partially dilapidated as it has been dug up to lay large water pipes. The Kerala Water Authority has been instructed to speed up the laying of pipes. It is humbly submitted as soon as Kerala Water Authority completes the work, the road work will be completed, an estimate of Rs. 1,30,66,000/- has been prepared for the road construction.

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The Litigation herein is with malafide intentions.

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WP(C) Nos.5906/2023 & 36227/2022

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There is no latches on the part of the Corporation and Corporation is taking all bonafide steps to complete the road works as and when the Kerala Water Authority hand overs the road to the corporation after laying the pipes.”

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6. Kadavanthra Central Residential Welfare Association,

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Kochi, has filed W.P.(C) No.5906/2023, seeking for the following reliefs:

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“(i) Issue a writ of Mandamus or such other appropriate writ, order or direction, directing the respondent no. 1, to complete the tarring works of the excavated stretch of K.P. Vallon Road expeditiously, within such time that may be fixed by this Court.

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(ii) Issue a writ of Mandamus or such other appropriate writ, Order or Direction, directing the respondents nos. 2 & 3, to take urgent and efficient to solve the drinking water shortage at Kadavanthra, within such time fixed by this Court.”

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Short facts leading to filing of W.P.(C) No.5906 of 2023, are as under:

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7.1.The petitioner is the association of residents of K.P. Vallon Road, Kadavanthra. Thousands of people are using K.P. Vallon Road daily. There is acute shortage of drinking water supply in the area. After repeated hue and cry of the people, respondents 2 and 3 had laid a new proposal of drawing new pipe lines through K.P. Vallon Road, to solve the water issue. In March, 2022, they excavated the road and started laying the pipes. After drawing the pipe for 1 KM,

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WP(C) Nos.5906/2023 & 36227/2022

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respondents 2 and 3 abandoned the work, saying that laying of pipes will not solve the shortage of drinking water. Even after 10 months, re-tarring of the excavated part of the road is not done by the 1^st respondent. The excavated stretch of K.P. Vallon Road is now lying in a pathetic stage, with full of potholes, causing danger to the vehicular traffic. Still the people are struggling due the lack of the basic necessity of drinking water. The requests made by the people of the locality including the petitioner association before the respondents No.1 to 3 turned of no use. Ext.P1 representation submitted before the 4^th respondent also evoked no response. Hence the above Writ Petition.

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On this day, when the matter came up for hearing, representing Kerala Water Authority, Jalabhawan, Thiruvananthapuram, (respondents 2 & 4 in the above writ petitions), Mr. George Johny, learned Standing Counsel, submitted that re-laying/repairing in respect of other portions of K.P Vallon Road has already commenced. He also submitted that the same will be completed as expeditiously as possible.

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On instructions, Secretary, Kochi Corporation/respondent No.2 has filed an additional affidavit dated 20.02.2023 in W.P.(C) No.36557/2022, which reads as under:

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“3. It is humbly submitted that with respect to restoration of K P Vallon Road as part of the work already carried out by the Kerala Water Authority, this respondent had invited tenders and M/s. Mary Sadan

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WP(C) Nos.5906/2023 & 36227/2022

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group is the lowest bidder. It is submitted that tender can be finalised only after the approval of the Municipal Council. It is humbly submitted that earnest steps are being taken by this respondent to place the proposal of the tender before the Municipal Council. This respondent is taking all earnest steps to complete the above stated works without any delay.

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It is most respectfully submitted that the restoration works of the road can be completed within a period of 3 months. In the above circumstances it is therefore humbly prayed that this Hon'ble Court may be pleased to dismiss this writ petition with costs to this respondent.”

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Mr. Janardhana Shenoy, learned counsel for Kochi

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Municipal Corporation (respondents 1 and 2 in the writ petitions), submitted that after completion of the repairing/ relaying of water pipes, for the remaining portion of K.P. Vallon Road, tenders will be issued and finalised, and re-tarring will be done. Submission of learned counsel for Kochi Municipal Corporation is placed on record.

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As two departments are involved, it is desirable that the competent authorities from both the Kochi Municipal Corporation, as well as Kerala Water Authority, conduct a joint inspection of the remaining portion of K.P. Vallon Road, where repairing/re-laying of water pipes are being done and thus, arrive at a joint decision, for both the works of repairing/relaying of water pipes, as well as re-tarring, so that the tenders, which are required to be floated for the remaining works, can

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WP(C) Nos.5906/2023 & 36227/2022

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be done, as expeditiously as possible, and thus, the grievances of petitioners in the writ petitions are redressed.

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With the above said directions, writ petitions are disposed

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of.

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Sd/S. Manikumar, Chief Justice

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Sd/-

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Murali Purushothaman, Judge

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sou.xxx

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WP(C) Nos.5906/2023 & 36227/2022

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APPENDIX OF WP(C) 36227/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 27.7.2022

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RESPONDENT EXHIBITS

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R4(A) TRUE COPY OF THE LETTER DATED 13.07.2022 ISSUED BY THE ASSISTANT ENGINEER TO THE SECRETARY, COCHIN CORPORATION ALONG WITH ITS TRANSLATION

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WP(C) Nos.5906/2023 & 36227/2022

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APPENDIX OF WP(C) 5906/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 29-062022 SUBMITTED BEFORE THE 4^TH RESPONDENT. EXHIBIT P1(A) ENGLISH TRANSLATION OF EXT.P1 REPRESENTATION.

Kadavanthra Central Residence Welfare Association v. Corporation of Kochi

Case brief

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Kadavanthra Central Residence Welfare Association v. Corporation of Kochi

Case brief

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