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High Court of KeralaSingle JudgeWrit petitions dismissed; matter to be governed...

IRIKKUR CONSTRUCTION COMPANY v. THE STATE OF KERALA & ORS

Case / Petition Number:WP(C) Nos. 7074/2024; 20252/2023; 6033/2024
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • T.R. Ravi
Judgment Date
2024-05-28
Court Decision / Holding
Writ petitions dismissed; the parties will be governed by the judgment in Cherian Varkey Construction Company (Pvt) Ltd v. State of Kerala [2024 (3) KHC 305].
Final Disposition
Writ petitions dismissed; matter to be governed by Cherian Varkey Construction Company (Pvt) Ltd v. State of Kerala [2024 (3) KHC 305].

Parties to the Case

Appellants / Petitioners

  • IRIKKUR CONSTRUCTION COMPANY

Respondents

  • The Project Director Kerala Road Fund Board, BSNL Building, PMG Junction, Trivandrum
  • Uralungal Labour Contract Co-Operative Society Limited, Madappalli College P.O., Vadakara, Kozhikode
  • State of Kerala represented by Secretary to Government, Public Works Department, Government Secretariat, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • Deepu Thankan
  • • Ummul Fida
  • • Lakshmi Sreedhar
  • • Lekshmi P. Nair
  • • Namitha K.M.
  • • Vineeth Bose

Counsels for Respondents

  • • M. Sasindran
  • • Shri. S. Kannan, Senior G.P. (GP-49)

Case Synopsis & Summary

The Kerala High Court, in a batch of connected writ petitions (WP(C) Nos. 7074 of 2024 along with con.cases, 20252 of 2023, and 6033 of 2024), deals with challenges to government orders granting preference to labor societies in public works tenders and seeks relief against tendering practices for road-works contracts. The petitioners, Irikkur Construction Company, argued that the tender process and GO-based orders contravene procurement norms. Counsel for the respondents described the ongoing procurement framework and the role of labor co-operatives in contract awards as consistent with state policy. On the date of hearing, the court noted a controlling Division Bench decision in Cherian Varkey Construction Company (Pvt) Ltd v. State of Kerala (2024 (3) KHC 305), which upheld preference to labor societies up to 10% over the lowest tender. Relying on that authority, the court held that the present petitions have no remaining controversy and dismissed them. The court directed that the parties be governed by the Cherian Varkey decision. The exhibits comprise tender notices, government orders, and prior judgments illustrating the policy stance in favor of labor co-operatives and the sequence of related judicial decisions.

Cited Precedents (7)

Case NameCitationTreatmentExplanation
Cherian Varkey Construction Company (Pvt) Ltd v. State of Kerala2024 (3) KHC 305PositiveDivision Bench decision upheld preference for labor societies up to 10% over the lowest tender; the present court follows this authority and dismisses the petitions.
W.A. No.132/2023W.A. No.132/2023Mentioned OnlyExhibited in Appendix; not discussed in the judgment’s reasoning.
Common Judgment in W.P.(C) No.24162/2022W.P.(C) No.24162/2022Mentioned OnlyExhibited; not analyzed in the decision.
WP(C) 13449/2004WP(C) 13449/2004Mentioned OnlyExhibited; not discussed.
W.P.(C) NO. 3760 OF 2020W.P.(C) NO. 3760 OF 2020Mentioned OnlyExhibited; not discussed.
SLP No. 3033/2023SLP No. 3033/2023Mentioned OnlyInterim order cited; not analyzed in detail.
W.P.(C) 16780/2023W.P.(C) No. 16780/2023Mentioned OnlyInterim order cited; not discussed.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE T.R.RAVI ``` ``` TUESDAY, THE 28[TH] DAY OF MAY 2024 / 7TH JYAISHTA, 1946 WP(C) NO. 7074 OF 2024 ``` ## **`PETITIONER:`** ``` IRIKKUR CONSTRUCTION COMPANY REPRESENTED BY ITS MANAGING PARTNER MH TOWER, IRIKKUR P.O., IRIKKUR, KANNUR, PIN – 670 593 ``` ``` BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M. VINEETHA BOSE ``` ## **`RESPONDENTS:`** - **`1 THE PROJECT DIRECTOR KERALA ROAD FUND BOARD, BSNL BUILDING, PMG JUNCTION, TRIVANDRUM, PIN – 695 003`** - **`2 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED MADAPPALLI COLLEGE P.O., VADAKARA, KOZHIKODE REPRESENTED BY ITS CHAIRMAN, PIN – 673 102`** - **`3 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001`** ``` BY ADVS. M.SASINDRAN SHRI.S.KANNAN, SENIOR G.P.(GP-49) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2024, ALONG WITH WP(C).20252/2023, 6033/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ## **`WP(C) NO. 7074 OF 2024 & con.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE T.R.RAVI ``` ``` TUESDAY, THE 28[TH] DAY OF MAY 2024 / 7TH JYAISHTA, 1946 WP(C) NO. 20252 OF 2023 ``` ## **`PETITIONER:`** ``` IRIKKUR CONSTRUCTION COMPANY MH TOWER, IRIKKUR P.O., KANNUR - REPRESENTED BY ITS MANAGING PARTNER, PIN – 670 593 ``` ``` BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M. ``` ## **`RESPONDENTS:`** - **`1 SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT BRIDGES CIRCLE KOZHIKODE, KOZHIKODE, PIN – 673 016`** - **`2 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED MADAPPALLI COLLEGE P.O., VADAKARA, KOZHIKODE - , REPRESENTED BY ITS CHAIRMAN, PIN – 673 102`** - **`3 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -PIN – 695 001`** ``` BY ADVS. M.SASINDRAN ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2024, ALONG WITH WP(C).7074/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 7074 OF 2024 & con.cases ``` ``` 3 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE T.R.RAVI ``` ``` TUESDAY, THE 28[TH] DAY OF MAY 2024 / 7TH JYAISHTA, 1946 WP(C) NO. 6033 OF 2024 ``` ## **`PETITIONER:`** ``` BAAB CONSTRUCTION INDIA PVT LTD. 1ST FLOOR, ANIRUDHA PLAZA, SANTHI NAGAR, GOA REPRESENTED BY ITS MANAGING PARTNER, PIN – 403 401 ``` ``` BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M.s VINEETHA BOSE ``` ## **`RESPONDENTS:`** - **`1 THE PROJECT DIRECTOR, KERALA ROAD FUND BOARD, BSNL BUILDING, PMG JUNCTION, TRIVANDRUM, PIN – 695 003`** - **`2 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY LIMITED MADAPPALLI COLLEGE P.O., VADAKARA, KOZHIKODE REPRESENTED BY ITS CHAIRMAN, PIN – 673 102`** - **`3 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001`** ``` BY ADVS. M.SASINDRAN SHRI.S.KANNAN, SENIOR G.P.(GP-49) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2024, ALONG WITH WP(C).7074/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 7074 OF 2024 & con.cases ``` ``` 4 ``` ## T.R.RAVI.J ------------------------------------------------------WP(C) Nos.7074, 6033 of 2024 and 20252 of 2023 -------------------------------------------------------Dated this the 28[th] day of May, 2024 ## JUDGMENT When the cases were taken up, it is submitted by counsel on either side that the matter has become final by the judgment of a Division Bench of this Court in Cherian Varkey Construction Company (Pvt) Ltd v. State of Kerala [2024 (3) KHC 305] wherein the Division Bench has upheld the Government Orders whereby preference was granted to labor societies up to 10% over the quoted amount of the lowest tender. In view of the judgment of the Division Bench, nothing survives in these writ petitions and the writ petitions are dismissed and the parties will be governed by the judgment in Cherian Varkey Construction ## **`WP(C) NO. 7074 OF 2024 & con.cases`** ``` 5 ``` Company (Pvt) Ltd v. State of Kerala [2024 (3) KHC 305]. Sd/- T.R.RAVI JUDGE sn ``` WP(C) NO. 7074 OF 2024 & con.cases ``` ``` 6 ``` ## **`APPENDIX OF WP(C) 20252/2023`** |**`PETITIONER’S EXHIBITS`**|| |---|---| |**`Exhibit P-1`**|**`TRUE COPY OF THE NOTICE INVITING TENDER`**| ||**`PUBLISHED BY THE FIRST RESPONDENT DATED`**| ||**`03/05/2023`**| |**`Exhibit P-1(a)`**|**`TRUE COPY OF THE BID DOCUMENT THAT FORMS PART`**| ||**`OF THE NOTICE INVITING TENDER DATED NIL`**| |**`Exhibit P-2`**|**`TRUE COPY OF THE TENDER SUMMARY REPORT AT THE`**| ||**`TECHNICAL STAGE DATED 17/06/2023`**| |**`Exhibit P-3`**|**`TRUE COPY OF THE TENDER SUMMARY DETAILS AT`**| ||**`THE FINANCIAL STAGE DATED NIL`**| |**`Exhibit P-4`**|**`TRUE COPY OF THE GOVERNMENT ORDER`**| ||**`GO(MS).NO.41/2020/PWD DATED 19/03/2020`**| |**`Exhibit P-5`**|**`TRUE COPY OF THE GOVERNMENT ORDER DATED`**| ||**`09/02/2021`**| |**`Exhibit P-6`**|**`TRUE COPY OF GO(MS).NO.21/2022/PWD DATED`**| ||**`29/07/2022`**| |**`Exhibit P-7`**|**`TRUE COPY OF COMMON JUDGMENT IN W.P.`**| ||**`(C)NO.24162/2022 DATED 23/11/2022`**| |**`Exhibit P-8`**|**`TRUE COPY OF THE JUDGMENT RENDERED BY THE`**| ||**`DIVISION BENCH OF THIS HON'BLE COURT IN`**| ||**`W.A.NO.132/2023 DATED 31/01/2023`**| |**`Exhibit P-9`**|**`TRUE COPY OF THE INTERIM ORDER ISSUED BY THE`**| ||**`HON'BLE SUPREME COURT IN SLP NO. 3033/2023`**| ||**`DATED 17/02/2023`**| |**`Exhibit P-10`**|**`TRUE COPY OF THE INTERIM ORDER OF THIS`**| ||**`HON'BLE COURT IN W.P(C)NO.16780/2023 DATED`**| ||**`26/05/2023`**| |**`Exhibit P-11`**|**`TRUE COPY OF THE REGISTRATION CERTIFICATE`**| ||**`PRODUCED BY THE SECOND RESPONDENT ALONG WITH`**| ||**`THE BID SUBMITTED BY THEM DATED 13/02/1925`**| |**`Exhibit P12`**|**`A TRUE COPY OF THE GO(MS) NO.135/ 97/CO-OP`**| ||**`DATED 13/11/1997`**| |**`Exhibit P13`**|**`A TRUE COPY OF THE GO (MS) NO. 44/04/PWD`**| ||**`DATED 19/03/2004`**| |**`Exhibit P14`**|**`A TRUE COPY OF THE GO(RT) NO.568/2020/CO.OP`**| ||**`DATED 04/11/2020`**| |**`RESPONDENT’S EXHIBITS`**|| |**`EXHIBIT R2(A)`**|**`A TRUE COPY OF THE G.O.(MS)NO. 135/97/CO-`**| ||**`OPERATIVE DATED 13.11.1997`**| ``` 7 ``` ## **`WP(C) NO. 7074 OF 2024 & con.cases`** ``` EXHIBIT R2(B)A TRUE COPY OF THE G.O.(MS) NO.44/01/PWD DATED 19-03-2004 ``` ``` EXHIBIT R2(C) ``` ``` EXHIBIT R2(D) ``` ``` EXHIBIT R2(E) ``` ``` EXHIBIT R2(F) ``` ``` EXHIBIT R2(G) ``` ``` A TRUE COPY OF THE G.O.(MS) NO. 181/08/CO.OPERATIVE DATED 02-08-2008 ``` ``` A TRUE COPY OF THE G.O (M.S) 568/2020/CO- OPERATIVE DATED 4/11/2020 ``` ``` A TRUE COPY OF THE JUDGMENT DATED 17-11-2020 IN W.P.(C) NO.3760 OF 2020 ``` ``` A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE 2ND RESPONDENT DATED 03-01-2020 A TRUE COPY OF THE CONTRACTORS REGISTRATION CARD ISSUED TO THE 2ND RESPONDENT DATED 20- 03-2023 ``` ``` WP(C) NO. 7074 OF 2024 & con.cases ``` ``` 8 ``` ## **`APPENDIX OF WP(C) 6033/2024`** |**`PETITIONER’S EXHIBITS`**|| |---|---| |**`Exhibit P-1`**|**`TRUE COPY OF THE NOTICE INVITING TENDER`**| ||**`PUBLISHED BY THE FIRST RESPONDENT DATED`**| ||**`19/12/2023`**| |**`Exhibit P-2`**|**`TRUE COPY OF THE BID DOCUMENT ISSUED BY THE`**| ||**`FIRST RESPONDENT FOR THE WORK NAMELY KIIFB-`**| ||**`IMPROVEMENT OF HILL HIGHWAY KUNHOME-`**| ||**`NIRAVILAPUZHA -MOOONAKAI- THOTTILPALAM- PART`**| ||**`1-KUNHOME-CHUNKAKUTTY IN WAYANAD DISTRICT-`**| ||**`STRECH' DATED NIL`**| |**`Exhibit P-3`**|**`TRUE COPY OF THE TENDER SUMMARY REPORT AT THE`**| ||**`TECHNICAL STAGE DATED 22/01/2024`**| |**`Exhibit P-4`**|**`TRUE COPY OF THE BOQ SUMMARY DETAILS DATED`**| ||**`NIL`**| |**`Exhibit P-5`**|**`TRUE COPY OF THE GO (MS) NUMBER 41/2020/PWD`**| ||**`DATED 19/03/2020`**| |**`Exhibit P-6`**|**`TRUE COPY OF THE G.O.(MS) NO.135/ 97/CO-OP`**| ||**`DATED 13/11/1997`**| |**`Exhibit P-7`**|**`TRUE COPY OF THE GO (MS) NO. 44/04/PWD DATED`**| ||**`19/03/2004`**| |**`Exhibit P-8`**|**`TRUE COPY OF THE JUDGMENT IN WP(C) 13449/2004`**| ||**`DATED 21/05/2012`**| |**`Exhibit P-9`**|**`TRUE COPY OF THE G.O(RT) NO.568/2020/CO.OP`**| ||**`DATED 04/11/2020`**| |**`Exhibit P-10`**|**`TRUE COPY OF THE GOVERNMENT ORDER DATED`**| ||**`09/02/2021`**| |**`Exhibit P-11`**|**`TRUE COPY OF GO(MS).NO.21/2022/PWD DATED`**| ||**`29/07/2022`**| |**`Exhibit P-12`**|**`TRUE COPY OF COMMON JUDGMENT IN W.P.`**| ||**`(C)NO.24162/2022 DATED 23/11/2022`**| |**`Exhibit P-13`**|**`TRUE COPY OF THE JUDGMENT RENDERED BY THE`**| ||**`DIVISION BENCH OF THIS HON'BLE COURT IN`**| ||**`W.A.NO.132/2023 DATED 31/01/2023`**| |**`Exhibit P-14`**|**`TRUE COPY OF THE INTERIM -ORDER ISSUED BY THE`**| ||**`HON'BLE SUPREME COURT IN SLP NO. 3033/2023`**| ||**`DATED 17/02/2023`**| |**`Exhibit P-15`**|**`TRUE COPY OF INTERIM ORDER ISSUED BY THIS`**| ||**`HON'BLE COURT IN WPC 16780/2023 DATED`**| ||**`26/05/2023`**| ``` 9 ``` ## **`WP(C) NO. 7074 OF 2024 & con.cases`** ## **`APPENDIX OF WP(C) 7074/2024`** |**`PETITIONER’S`**|**`EXHIBITS`**| |---|---| |**`Exhibit P-1`**|**`A TRUE COPY OF THE NOTICE INVITING TENDER`**| ||**`PUBLISHED BY THE FIRST RESPONDENT DATED`**| ||**`22/01/2024 .`**| |**`Exhibit P-2`**|**`A TRUE COPY OF THE BID DOCUMENT ISSUED BY THE`**| ||**`FIRST RESPONDENT FOR THE WORK NAMELY 'KIFB-`**| ||**`2017-2018-`**<br>**`HILLWAY-2ND`**<br>**`PHASE`**<br>**`KALPETTA`**| ||**`CONSTITUENCY - PACHILAKKAD-KAINATTY KALPATTA`**| ||**`BYEPASS- MEPPADI - CHOORLAMALA-ARUNAPPUZHA IN`**| ||**`WAYANAD DISTRICT - BALANCE WORK '`**| |**`Exhibit P-3`**|**`A TRUE COPY OF THE TENDER SUMMARY REPORT AT THE`**| ||**`TECHNICAL STAGE UPDATED ON 19/02/2024`**| |**`Exhibit P-4`**|**`A TRUE COPY OF THE BOQ SUMMARY DETAILS.`**| |**`Exhibit P-5`**|**`. A TRUE COPY OF THE GO (MS) NUMBER 41/2020/PWD`**| ||**`DATED 19/03/2020.`**| |**`Exhibit P-6`**|**`A TRUE COPY OF THE G.O.(MS) NO.135/ 97/CO-OP`**| ||**`DATED 13/11/1997.`**| |**`Exhibit P-7`**|**`A TRUE COPY OF THE GO (MS) NO. 44/04/PWD DATED`**| ||**`19/03/2004.`**| |**`Exhibit P-8`**|**`A TRUE COPY OF THE JUDGMENT DATED 21/05/2012 IN`**| ||**`WP(C) 13449/2004.`**| |**`Exhibit P-9`**|**`. A TRUE COPY OF THE G.O(RT) NO.568/2020/CO.OP`**| ||**`DATED 04/11/2020.`**| |**`Exhibit P-10`**|**`A TRUE COPY OF THE GOVERNMENT ORDER DATED`**| ||**`09/02/2021`**| |**`Exhibit P-11`**|**`A TRUE COPY OF GO(MS).NO.21/2022/PWD DATED`**| ||**`29/07/2022.`**| |**`Exhibit P-12`**|**`TRUE COPY OF COMMON JUDGMENT IN W.P.`**| ||**`(C)NO.24162/2022 DATED 23/11/2022`**| |**`Exhibit P-13`**|**`A TRUE COPY OF THE JUDGMENT RENDERED BY THE`**| ||**`DIVISION BENCH OF THIS HON'BLE COURT IN`**| ||**`W.A.NO.132/2023 DATED 31/01/2023.`**| |**`Exhibit P-14`**|**`A TRUE COPY OF THE INTERIM -ORDER ISSUED BY THE`**| ||**`HON'BLE SUPREME COURT IN SLP NO. 3033/2023 DATED`**| ||**`17/02/2023.`**| |**`Exhibit P-15`**|**`A TRUE COPY OF INTERIM ORDER DATED 26/05/2023`**| ||**`ISSUED BY THIS HON'BLE COURT IN WPC 16780/2023.`**|