A PWD contractor's writ petition concerning a road works tender and agreement was withdrawn by the petitioner; the court dismissed the petition as withdrawn without deciding any issue.
Permission to withdraw the writ petition granted; petition dismissed as withdrawn.
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 V.G.ARUN
TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946
WP(C) NO. 2974 OF 2024
PETITIONER:
1 ANEESH APPU, AGED 35 YEARS PWD CONTRACTOR, S/O.APPU, VELLAYIKUDATH HOUSE, VASUPURAM, MATTATHUR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680684 BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES
RESPONDENTS:
BY ADV.SRI.SUNIL KUMAR KURIAKOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.2974 of 2024
2
JUDGMENT
Dated this the 23rd day of July, 2024
The learned Counsel for the petitioner seeks permission to withdraw the writ petition and submits that a withdrawal memo is also filed.
The writ petition is accordingly dismissed as
withdrawn.
Sd/-
V.G.ARUN JUDGE
NB/23-7
WP(C)No.2974 of 2024
3
APPENDIX OF WP(C) 2974/2024
| PETITIONER’S EXHIBITS: EXHIBIT P1 |
A COPY OF THE LETTER FROM THE 3RD RESPONDENT AWARDING WORK AS PER TENDER TO THE PETITIONER DATED 13.12.2018 |
|---|---|
| EXHIBIT P2 | A COPY OF THE AGREEMENT NO.403/2018-19/EE/TSR DATED 08.03.2019 ENTERED BY THE PETITIONER |
| EXHIBIT P2(A) | A COPY OF THE REQUIREMENT OF BITUMEN FOR THE WORK ORR-2018-19 URGENT REPAIRS TO BISHOP PALACE ROAD 0/000 - 0/700 AND KARUNAKARAN NAMBIAR ROAD 0/300 - 0/950 |
| EXHIBIT P3 | A COPY OF THE ORDER NO.D2-2018/8139 DATED 27.11.2020 |
| EXHIBIT P4 | A COPY OF THE ORDER NO.D2-2018/8139 DATED 30.12.2021 OF THE 3RD RESPONDENT |
| EXHIBIT P5 | A COPY OF THE LETTER NO.D1-8139/2018 DATED 05.03.2022 OF THE 4TH RESPONDENT TO 3RD RESPONDENT |
| EXHIBIT P6 | A COPY OF THE MINUTES OF MEETING DATED 05.07.2022 |
| EXHIBIT P7 | A COPY OF THE MINUTES OF THE MEETING DATED 24.09.2022 |
| EXHIBIT P8 | A COPY OF THE LETTER NO.D3-8139/2018 DATED 03.10.2022 OF THE 3RD RESPONDENT |
| EXHIBIT P9 | A COPY OF THE RELEVANT PAGES OF PWD MANUAL |
| EXHIBIT P10 | COPY OF THE ORDER NO.D3-8139/2018 DATED 11.10.2022 OF THE 3RD RESPONDENT |
| EXHIBIT P11 | A COPY OF THE REPRESENTATION DATED 18.10.2022 SENT TO THE 3RD RESPONDENT |
| EXHIBIT P12 | A COPY OF THE LETTER NO FCR -485/2013 DATED 19.10.2022 OF THE 2ND RESPONDENT |
| EXHIBIT P13 | A COPY OF THE RELEVANT PAGE OF THE PWD MANUAL SHOWING CLAUSE 2116.2 |
| EXHIBIT P14 | A COPY OF THE INTERIM ORDER DATED 01.11.2022 IN WP(C) NO. 33871/2022 |
| EXHIBIT P15 | A COPY OF THE JUDGMENT DATED 04.07.2023 IN WP(C) NO. 33871 OF 2022 |
| EXHIBIT P16 | A COPY OF THE MINUTES OF HEARING PROCEEDINGS DATED 19.09.2023 ALONG WITH COVERING LETTER NO.D3-8139/2018 DATED 21.09.2023 |
| EXHIBIT P17 | A COPY OF THE E-MAIL DATED 08.12.2023 |
| EXHIBIT P18 | A COPY OF THE NOTES SHOWN IN THE CONTRACTOR PORTAL OF PETITIONER IN PRICE KERALA |
| RESPONDENTS’ EXHIBITS: | |
| EXHIBIT R3(A) | TRUE COPY OF THE RELEVANT PAGES OF THE STANDARD BID DOCUMENT (SBD) |
WP(C)No.2974 of 2024
4
EXHIBIT R3(B) TRUE COPY OF THE TRANSFER ENTRY ORDER WITH NO.47/2019 DATED 30.06.2020 EXHIBIT R3(C) TRUE COPY OF THE TRANSFER ENTRY ORDER WITH NO.48/2019 DATED 30.06.2020 EXHIBIT R3(D) TRUE COPY OF THE TRANSFER ENTRY ORDER WITH NO.49/2019 DATED 30.06.2020 EXHIBIT R3(E) TRUE COPY OF THE TRANSFER ENTRY ORDER WITH NO.50/2019 DATED 03.07.2020 EXHIBIT R3(F) TRUE COPY OF THE TRANSFER ENTRY ORDER WITH NO.51/2019 DATED 06.07.2020 EXHIBIT R3(G) TRUE COPY OF THE TRANSFER ENTRY ORDER WITH NO.52/2019 DATED 15.12.2020 EXHIBIT R3(H) TRUE COPY OF THE TRANSFER ENTRY ORDER WITH NO.45/2019 DATED 24.12.2019 EXHIBIT R3(I) TRUE COPY OF THE AGREEMENT DATED 10.07.2020 WITH NO.41/2020-21/EE/TSR EXHIBIT R3(J) TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE DATED 04.04.2022 EXHIBIT R3(K) TRUE COPY OF THE LETTER NO.D3-8139/2018 DATED 2806-2022 OF THE AGREEMENT AUTHORITY EXHIBIT R3(L) TRUE COPY OF THE ORDER NO. GO(RT)1029/2019/PWD DATED 20.08.2019 EXHIBIT R3(M) TRUE COPY OF THE LETTER NO.QC/ VG-PWD/2018 DATED 14.10.2022 EXHIBIT R3(O) TRUE COPY OF THE RELEVANT PAGES OF SBD CLAUSE 72.1 EXHIBIT R3(N) TRUE COPY OF THE LETTER NO.D- 8139/2018 DATED 10.10.2022 EXHIBIT R3(P) TRUE COPY OF THE REPORT OF THE EXECUTIVE ENGINEER TO THE DISTRICT COLLECTOR DATED 14.09.2022 EXHIBIT R3(R) TRUE COPY OF THE RELEVANT PAGES OF THE PART V - TECHNICAL SPECIFICATION EXHIBIT R3(S) TRUE COPY OF THE MINUTES OF THE MEETING DATED 25.10.2022 EXHIBIT R3(Q) TRUE COPY OF THE RELEVANT PAGES OF THE PART III - SPECIAL CONDITIONS OF CONTRACT EXHIBIT R3(T) TRUE COPY OF THE NO.D3-8139/ 2018 DATED 21.09.2023 EXHIBIT R3(U) TRUE COPY OF THE LETTER NO. A7- 8139/2018 DT.1201-2023 EXHIBIT R3(V) TRUE COPY OF THE LETTER NO. A2/ D3-8139/2018 DT.15-02-2024
TRUE COPY
P.A. TO JUDGE
Aneesh Appu
State of Kerala Public Works Department
Superintending Engineer, PWD Roads - Centre Circle
Executive Engineer PWD Roads Division, Thrissur
Assistant Executive Engineer, PWD Roads Sub Division, Thrissur
Assistant Engineer, PWD Roads, Town Section, Thrissur
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
