Dismissed¶55

M/S.Kool Home Builders v. State of Kerala

Kerala HC21 Mar 2025WP(C)/37831/2023

Case brief

AI extract

What is this about?

Tender challenge by lowest bidder; award to co-operative society via G.O.(MS) No.41/2020/PWD dated 19.03.2020; KSEBL e-tenders CW/KSEBL/03/2023-24 & 04/2023-24; no parity for individual contractor with co-operative entity (Cherian Varkey Construction Company (Pvt) Ltd. v. State of Kerala, 2024 (3) KLT 89); challenge to tender terms after participation barred (Meerut Development Authority v. Association of Management Studies, (2009) 6 SCC 171); writ petitions dismissed; Kerala High Court, Ernakulam; Harisankar V. Menon J.; decided 21.03.2025; 2025:KER:24328.

What did the court decide?

None; both writ petitions (WP(C) Nos.37831 & 37863 of 2023) were dismissed in their entirety. ¶55

M/S.Kool Home Builders Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; both writ petitions (WP(C) Nos.37831 & 37863 of 2023) were dismissed in their entirety.

¶55

Issue for consideration

Whether the petitioner, which contended it had quoted the lowest amount in response to the Ext.P1 tender, could challenge the award of the tender to the 4th respondent effected by invocation of Ext.P5 Government Order dated 19.03.2020. +3 more

¶41

Court's answer

On the whole, the petitioner was found not entitled to any of the reliefs prayed for in the writ petitions.

¶54

Ratio / Principle

In the light of the Division Bench decision in Cherian Varkey Construction Company (Pvt) Ltd. v. State of Kerala [2024 (3) KLT 89], the Court held that the petitioner is not entitled to succeed, the challenge against Ext.P5 Government Order being untenable since individual contractors cannot seek parity of treatment with a co-operative entity.

¶52

Key takeaways

Taking note of the dictum in Meerut Development Authority v. Association of Management Studies and Another with Pawan Kumar Agarwal v. Meerut Development Authority and Another [(2009) 6 SCC 171], the Court held that the petitioner, having already participated in the tender process pursuant to Ext.P1 which admittedly incorporated the terms of Ext.P5 Government Order, cannot on a later date seek to challenge the terms of the tender.ratio¶53

Detailed headnote1 paragraphs

Writ petitions WP(C) Nos.37831 & 37863 of 2023 (neutral citation 2025:KER:24328), High Court of Kerala at Ernakulam, decided on 21.03.2025 by Harisankar V. Menon J. M/s. Kool Home Builders, contending that it had quoted the lowest amount under KSEBL e-tenders CW/KSEBL/03/2023-24 and CW/KSEBL/04/2023-24 (Ext.P1), challenged the award of the works to the Uralungal Labour Contract Co-operative Society (4th respondent) made by invoking G.O.(MS) No.41/2020/PWD dated 19.03.2020 (Ext.P5), and objected to the inclusion of that Government Order's terms in the tender, the Government Order itself not being specifically challenged. The Court relied on the Division Bench decision in Cherian Varkey Construction Company (Pvt) Ltd. v. State of Kerala, 2024 (3) KLT 89, that individual contractors cannot seek parity of treatment with a co-operative entity, and on the Supreme Court dictum in Meerut Development Authority v. Association of Management Studies, (2009) 6 SCC 171, that a participant in a tender process cannot later challenge its terms. Holding the petitioner entitled to no relief, both writ petitions were dismissed.

¶1

 2025:KER:24328

¶2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶3

PRESENT

¶4

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

¶5

FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

¶6

WP(C) NO. 37831 OF 2023

¶7

PETITIONER:

¶8

M/S.KOOL HOME BUILDERS,
5TH FLOOR, VI/58, NH 47 BYPASS, MARADU.P.O.,
KOCHI, REPRESENTED BY ITS CHAIRMAN, P.M.ABDUL
LAHIR, THROUGH HIS POWER OF ATTORNEY HOLDER,
SHAIJU KAROTHUKUZHYIL, AGED 55 YEARS, S/O.K.
MOOSA AHAMMED, KAROTHUKUZHYIL HOUSE,
THAIKATTUKARA (P.O.), ERNAKULAM DISTRICT,
PINCODE-68310, PIN – 682304.

¶9

BY ADVS.
DINESH MATHEW J.MURICKEN
K.A.ABHILASH
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
RIA VARGHESE
JERRY PETER
SEBA SHAJAHAN

¶10

RESPONDENTS:

¶11

1STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY (HEALTH)
TO GOVERNMENT HEALTH & FAMILY WELFARE DIRECTORATE
OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM, PIN – 695035.

¶12

W.P.(C)Nos.37831

¶13

& 37863 of 2023 2 2025:KER:24328

¶14

2 THE KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS CHAIRMAN, 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT,, PIN – 695004.

¶15

3 THE CHIEF TECHNICAL OFFICER, CONSULTANCY WING, KERALA STATE ELECTRICITY BOARD LTD., 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695004.

¶16

4 THE URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY, MADAPPALLY COLLEGE.P.O., VATAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 673102.

¶17

BY ADV M.SASINDRAN

¶18

OTHER PRESENT:

¶19

ADV MANOJ KUMAR - R1, SRI B PRAMOD SC

¶20

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.03.2025, ALONG WITH WP(C).37863/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶21

W.P.(C)Nos.37831
& 37863 of 2023 3 2025:KER:24328

¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 21^ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

¶25

WP(C) NO. 37863 OF 2023

¶26

PETITIONER:

¶27

M/S.KOOL HOME BUILDERS,
5TH FLOOR, VI/58, NH 47 BYPASS, MARADU.P.O.,
KOCHI, REPRESENTED BY ITS CHAIRMAN, P.M.ABDUL
LAHIR, THROUGH HIS POWER OF ATTORNEY HOLDER,
SHAIJU KAROTHUKUZHY, AGED 55 YEARS, S/O.K. MOOSA
AHAMMED, KAROTHUKUZHYIL HOUSE, THAIKATTUKARA
(P.O.), ERNAKULAM DISTRICT, PINCODE-683106,
PIN – 682304.

¶28

BY ADVS.
DINESH MATHEW J.MURICKEN
K.A.ABHILASH
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
RIA VARGHESE
JERRY PETER
SEBA SHAJAHAN

¶29

RESPONDENTS:

¶30

1STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY (HEALTH)
TO GOVERNMENT, HEALTH AND FAMILY WELFARE ,
DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL
JUNCTION, THIRUVANANTHAPURAM DISTRICT,
PIN – 695035.

¶31

W.P.(C)Nos.37831

¶32

& 37863 of 2023 4 2025:KER:24328

¶33

2 THE KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT. (*THE ADDRESS PORTION OF THE 2ND RESPONDENT IN THE CAUSE TITLE OF THE WRIT PETITION IS SUBSTITUTED AS "REPRESENTED BY ITS SECRETARY" IN THE PLACE OF "REPRESENTED BY ITS CHAIRMAN" VIDE ORDER DATED 06.02.2024 IN IA NO.1/2024.), PIN – 695004.

¶34

3 THE CHIEF TECHNICAL OFFICER, CONSULTANCY WING, KERALA STATE ELECTRICITY BOARD LTD., 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695004.

¶35

4 THE URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY, MADAPPALLY COLLEGE.P.O., VATAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 673102.

¶36

BY ADV M.SASINDRAN

¶37

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.03.2025, ALONG WITH WP(C).37831/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶38

W.P.(C)Nos.37831
& 37863 of 2023 5 2025:KER:24328

¶39

JUDGMENT

¶40

[WP(C) Nos.37831/2023, 37863/2023]

¶41

These two writ petitions are filed at the instance of the petitioner, a builder, seeking to challenge steps pursuant to Ext.P1 tender. The petitioner contends that, it was the lowest, in terms of the amount quoted pursuant to the tender. However, the tender was awarded in favour of the 4^th respondent. The petitioner contends that it is pursuant to the invocation of Ext.P5 Government Order dated 19.03.2020, that the 4^th respondent, who was not the lowest of the tenderers, was chosen in preference to the petitioner.

¶42

In such circumstances, these writ petitions have been filed by the petitioner seeking to challenge the inclusion of the amended proposed in Ext.P5 Government Order in Ext.P1 tender.

¶43

I have heard Smt.Nayana Varghese, the learned counsel for the petitioner, Sri.M.Sasindran, the learned counsel for the 4^th respondent, Sri.Manoj Kumar, the

¶44

W.P.(C)Nos.37831
& 37863 of 2023 6 2025:KER:24328

¶45

learned counsel for the 1^st respondent and Sri.B.Premod, the learned Standing counsel for the 2^nd and 3^rd respondents.

¶46

I have considered the rival submissions as well as the connected records.

¶47

The challenge in these writ petitions, as

¶48

noticed earlier, is essentially with respect to the Government Order at Ext.P5 (though, not specifically challenged) insofar as the same has been included in Ext.P1 tender.

¶49

I notice that the challenge with respect to the Government Order at Ext.P5 was the subject matter of consideration before a Division Bench of this Court and in the judgment reported as Cherian Varkey Construction Company (Pvt) Ltd. v. State of Kerala [2024 (3) KLT 89] , this Court found that individual contractors cannot seek parity of treatment with a co-operative entity and hence the challenge raised against the Government Order at Ext.P5 cannot be accepted.

¶50

In the light of the afore, I am of the opinion

¶51

W.P.(C)Nos.37831
& 37863 of 2023 7 2025:KER:24328

¶52

that the petitioner is not entitled to succeed.

¶53

I also take note of the dictum laid down by the Apex Court in Meerut Development Authority v. Association of Management Studies and Another with Pawan Kumar Agarwal v. Meerut Development Authority and Another [(2009) 6 SCC 171] , as per which, the petitioner, who having already participated in the tender process pursuant to Ext.P1 which admittedly incorporated the terms of Ext.P5 Government Order, cannot on a later date, seek to challenge the terms of the tender.

¶54

On the whole, I find that the petitioner is not entitled for any of the reliefs as prayed for in this writ petition.

¶55

Resultantly, these writ petitions would stand dismissed.

¶56

Sd/-

¶57

HARISANKAR V. MENON JUDGE

¶58

ANA

¶59

W.P.(C)Nos.37831

¶60

& 37863 of 2023 8 2025:KER:24328

¶61

APPENDIX OF WP(C) 37863/2023

¶62

PETITIONER EXHIBITS

¶63

Exhibit P1TRUE COPY OF THE E-TENDER
NO.CW/KSEBL/03/2023-24 AND INSTRUCTION
TO THE BIDDERS DATED 06.07.2023

¶64

Exhibit P2TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 14.10.2023

¶65

Exhibit P3TRUE COPY OF THE LETTER
NO.CW/H&FWD/KIIFB/VRK/2023-24/385 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
DATED 17.10.2023

¶66

Exhibit P4TRUE COPY OF THE LETTER DATED 18.10.2023
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT

¶67

Exhibit P5TRUE COPY OF THE G.O(MS) NO.41/2020/PWD
DATED 19.03.2020 ISSUED BY THE 1ST
RESPONDENT

¶68

RESPONDENT EXHIBITS

¶69

Exhibit R4(a)A true copy of the certificate showing
registration of the 4th respondent dated
18-10-12
Exhibit R4(b)A true copy of the G.O.MS No.135 -97-
Co-op dated 13-11-1997
Exhibit R4(c)A true copy of the G.O.(MS) NO.
44/01/PWD DATED 19-03-2004
Exhibit R4(d)A true copy of the G.O.(MS) NO.
181/08/co.op dated 02-08-2008
Exhibit R4(e)A true copy of the G.O (Rt.)
568/2020/coop dated 4/11/2020

¶70

W.P.(C)Nos.37831

¶71

& 37863 of 2023 9 2025:KER:24328

¶72

Exhibit R4(f)A true copy of the judgment dated 17-11-
2020 in W.P.(C) No.3760 of 2020

¶73

Exhibit R4(g)A true copy of the judgment of this
hon’ble Court in Cheriyan Varkey
Construction Company (Pvt.) Ltd. vs.
State of Kerala reported in 2024(3) KLT
89

¶74

Exhibit R4(h)A true copy of the relevant extracts
from the byelaws of the society

¶75

Exhibit R4(i)A true copy of the certificate issued by
the Co-operative Department evidencing
the ‘A’ class shares and ‘B’ class
shares, as on 06-10-2023

¶76

Annexure R1(a)A true copy of the certificate issued by
the Joint Registrar of Co-operative
Societies (General) Kozhikode dated
14.08.2009.

¶77

W.P.(C)Nos.37831

¶78

& 37863 of 2023 10 2025:KER:24328

¶79

APPENDIX OF WP(C) 37831/2023

¶80

PETITIONER EXHIBITS

¶81

Exhibit P1TRUE COPY OF THE E-TENDER
NO.CW/KSEBL/04/2023-24 AND INSTRUCTION
TO THE BIDDERS DATED 06.07.2023

¶82

Exhibit P2TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 14.10.2023

¶83

Exhibit P3TRUE COPY OF THE LETTER
NO.CW/H&FWD/KIIFB/VRK/2023-24/384 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
DATED 17.10.2023

¶84

Exhibit P4TRUE COPY OF THE LETTER DATED 18.10.2023
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT

¶85

Exhibit P5TRUE COPY OF THE G.O(MS) NO.41/2020/PWD
DATED 19.03.2020 ISSUED BY THE 1ST
RESPONDENT

M/S.Kool Home Builders v. State of Kerala

Case brief

What is this about?

What did the court decide?

M/S.Kool Home Builders v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

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