High Court of KeralaSingle Judge2023-12-18Writ petitions allowed; directions issued to he...

Midland Engineering and Contracting Company v. Kerala Water Authority; M/s Chicago Constructions International Private Limited v. Kerala Water Authority; and connected matters

Case / Petition Number:WP(C) Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 and 42661/2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2023-12-18
Court Decision / Holding: Writ petitions allowed. The impugned proceedings are set aside. The competent Authority of the Kerala Water Authority is directed to hear the petitioners, assess their claim regarding non-liability to KCWWF cess (since they only supply materials and are not involved in construction), and determine appropriate action expeditiously. Until decisions are communicated, no recovery should be effected, and amounts already collected under KCWWF cess should be refunded if Liabiity is found to be non-existent. The ruling emphasizes audi alteram partem and a fact-specific assessment, and references earlier precedents to delimit KCWWF’s ambit.
Final Disposition: Writ petitions allowed; directions issued to hear and assess liability for KCWWF cess; defer recovery till orders; refund if not liable; expeditious completion of proceedings and reliance on supporting precedents.

Parties to the Case

Appellants / Petitioners

Midland Engineering and Contracting Company
M/S. CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED

Respondents

Kerala Water Authority
The Superintending Engineer, Public Health Circle, Thiruvananthapuram
The Executive Engineer, Project Division, Thiruvananthapuram
The Kerala Construction Workers Welfare Fund Board

Legal Representation & Advocates

Counsels for Petitioners

• P. Shanes Methar
• N. Krishna Prasad
• A. Mohammed Faizal
• Deepak Varughese
• Mathew Geethu Susan Varghese
• Bharath Mohan
• Jaishri Sheba Jacob
• Pushparaj K.P.

Counsels for Respondents

• Sri P.M. Johny-SC

Case Synopsis & Summary

These connected writ petitions led by Midland Engineering and Contracting Company (WP 42460/2023 and 42461/2023) and M/s Chicago Constructions International Private Limited (WP 42603/2023, 42613/2023, 42629/2023, 42661/2023) challenge the Kerala Water Authority’s deduction of 1% cess under the Kerala Construction Workers Welfare Fund (KCWWF) from their bills. Petitioners contend they are merely contractors supplying materials and have no active construction role, hence not liable for KCWWF cess. They rely on earlier Kerala High Court decisions (Poulose v. State of Kerala; Kerala Construction WWF Board v. State of Kerala) to argue the ambit of KCWWF excludes them. Respondents maintain that cess is payable wherever construction works are involved, including supply of materials as part of the project. The matter was heard together due to analogous facts. The Court found a factual dispute about whether the petitioners’ contracts involve construction activity and whether cess assessment was properly conducted. It held that automatic deductions without an assessment and an opportunity to be heard were improper. The Court allowed the petitions, set aside the impugned proceedings, and directed the KWA to hear, assess, and determine liability, with a deferral of recovery until orders are issued. If not liable, previously collected sums must be refunded. Judgment by Justice Devgan Ramachandran (18 December 2023).

Provisions of Law Cited

Kerala Construction Workers Welfare Fund ActKCWWF Scheme

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that KCWWF cess cannot be imposed on contractors who merely supply materials and are not involved in actual construction. They highlighted a factual dispute about the contractual role and urged that the competent authority assess liability with due hearing, postponing any deduction until a decision is reached; cited Poulose v. State of Kerala and Kerala Construction WWF Board v. State of Kerala to delimit KCWWF's ambit.

Contentions of Respondents

The respondents contended that once a contract involves construction, cess liability arises, including situations where materials are supplied as part of the construction works; the KCWWF Act/scheme applies to such contracts and automatic deductions should not be made without proper assessment and hearing.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Poulose and others v. State of Kerala and others	1993(3) ILR Kerala 675	Mentioned Only	Cited by petitioners as authority on KCWWF ambit; court neither adopts nor overrules it in the present decision.
Kerala Construction WWF Board v. State of Kerala	1995(2) KLT 724	Mentioned Only	Cited to contextualize KCWWF scope; not expressly distinguished or overruled in the judgment.
WP(C) No.39649/2023 and connected cases	WP(C) No.39649/2023	Mentioned Only	Referenced via exhibits as a related prior judgment; treated as background authority rather than a controlling precedent in this decision.

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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 DEVAN RAMACHANDRAN MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 42460 OF 2023** ## **PETITIONER:** MIDLAND ENGINEERING AND CONTRACTING COMPANY, REP. BY ITS MANAGING PARTNER, VARIKODAN BUILDING, VALIYAVARAMBU ROAD, DOWN HILL.P.O., MALAPPURAM, PIN - 676519 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ## **RESPONDENTS:** 1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, P H CIRCLE - KOZHIKODE, KERALA WATER AUTHORITY, MALAPARAMBA.P.O, KOZHIKODE, PIN - 673009 3 THE EXECUTIVE ENGINEER O/O. EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION-KOZHIKODE MALAPARAMBA.P.O., KOZHIKODE, PIN - 673009 4 KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD, REP. BY ITS CHAIRMAN, NIRMAN BHAVAN, METTUKKADA, THYCAUD.P.O., THIRUVANANTHAPURAM, PIN - 695014 BY ADV. SRI.P.M.JOHNY-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42461/2023, 42603/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 2 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 42461 OF 2023** ## **PETITIONER:** MIDLAND ENGINEERING AND CONTRACTING COMPANY, REP. BY ITS MANAGING PARTNER, VARIKODAN BUILDING, VALIYAVARAMBU ROAD, DOWN HILL.P.O., MALAPPURAM, PIN - 676519 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ## **RESPONDENTS:** 1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER O/O. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE-KOZHIKODE MALAPARAMBA.P.O., KOZHIKODE, PIN - 673009 3 THE EXECUTIVE ENGINEER, O/O. EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION-KOZHIKODE MALAPARAMBA.P.O., KOZHIKODE, PIN - 673009 4 KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD, REP. BY ITS CHAIRMAN, NIRMAN BHAVAN, METTUKKADA, THYCAUD.P.O., THIRUVANANTHAPURAM, PIN - 695014 BY ADV. SRI.P.M.JOHNY-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42460/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 3 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 42603 OF 2023** ## **PETITIONER:** M/S. CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, S.MOHANA KUMAR, AGED 60 YEARS, SON OF SADASIVAN, HAVING ITS REGISTERED OFFICE AT TC 22/2703, CHITIRA LANE, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 BY ADVS. N.KRISHNA PRASAD A.MOHAMMED FAIZAL P.SHANES METHAR DEEPAK VARUGHESE MATHEW GEETHU SUSAN VARGHESE BHARATH MOHAN JAISHRI SHEBA JACOB PUSHPARAJ.K.P ## **RESPONDENTS:** 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM, PIN - 695033 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE OFFICER, PROJECT DIVISION, THIRUVANANTHAPURAM, PIN - 695033 4 THE KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD, REP. BY ITS CHAIRMAN, NIRMAL BHAVAN, METTUKKADA, THAYCAUD POST, THIRUVANANTHAPURAM, PIN - 695014 BY ADV. SRI.P.M.JOHNY-SC W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 4 : THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42460/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 5 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 42613 OF 2023** ## **PETITIONER:** M/S. CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, S.MOHANA KUMAR, AGED 60 YEARS, SON OF SADASIVAN, HAVING ITS REGISTERED OFFICE AT TC 22/2703, CHITIRA LANE, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 BY ADVS. N.KRISHNA PRASAD A.MOHAMMED FAIZAL P.SHANES METHAR DEEPAK VARUGHESE MATHEW BHARATH MOHAN GEETHU SUSAN VARGHESE JAISHRI SHEBA JACOB PUSHPARAJ.K.P ## **RESPONDENTS:** 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM, PIN - 695033 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE OFFICER, PROJECT DIVISION, THIRUVANANTHAPURAM., PIN - 695033 4 THE KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD, REP. BY ITS CHAIRMAN, NIRMAL BHAVAN, METTUKKADA, THAYCAUD POST, THIRUVANANTHAPURAM, PIN - 695014 BY ADV. SRI.P.M.JOHNY-SC W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 6 : THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42460/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 7 : # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 42629 OF 2023** ## **PETITIONER:** M/S. CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, S.MOHANA KUMAR, AGED 60 YEARS, SON OF SADASIVAN, HAVING ITS REGISTERED OFFICE AT TC 22/2703, CHITIRA LANE, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 BY ADVS. N.KRISHNA PRASAD P.SHANES METHAR BHARATH MOHAN A.MOHAMMED FAIZAL DEEPAK VARUGHESE MATHEW GEETHU SUSAN VARGHESE PUSHPARAJ.K.P JAISHRI SHEBA JACOB ## **RESPONDENTS:** 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, ALAPPUZHA, PIN - 688002 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA, PIN - 688002 4 THE KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD, REP. BY ITS CHAIRMAN, NIRMAL BHAVAN, METTUKKADA, THAYCAUD POST, THIRUVANANTHAPURAM, PIN – 695014 W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 8 : BY ADV. SRI.P.M.JOHNY-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42460/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 9 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 42661 OF 2023** ## **PETITIONER:** M/S. CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, S.MOHANA KUMAR, AGED 60 YEARS, SON OF SADASIVAN, HAVING ITS REGISTERED OFFICE AT TC 22/2703, CHITIRA LANE, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695010 BY ADVS. N.KRISHNA PRASAD A.MOHAMMED FAIZAL P.SHANES METHAR DEEPAK VARUGHESE MATHEW BHARATH MOHAN GEETHU SUSAN VARGHESE JAISHRI SHEBA JACOB PUSHPARAJ.K.P ## **RESPONDENTS:** 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION, JALA BHAVAN, VELLAYAMABLAM, THIRUVANANTHAPURAM, PIN - 695033 4 THE KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD, REP. BY ITS CHAIRMAN, NIRMAL BHAVAN, METTUKKADA, THAYCAUD POST, THIRUVANANTHAPURAM, PIN - 695014 BY ADV. SRI.P.M.JOHNY-SC W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 10 : THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, ALONG WITH WP(C).42460/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 11 : ## **JUDGMENT** The petitioners in these matters – which have been heard together on account of the analogous facts and circumstances presented and similarity of the reliefs sought – is stated to be Works Contractors, engaged by the Kerala Water Authority (KWA). 2. The specific case of the petitioners is that they have been contracted with the ‘KWA’ only to supply materials for pipeline works being carried on by them; and that they have no connection with such construction work, or its allied performance. They argue that, obviously, therefore, no “Cess” under the Kerala Construction Workers Welfare Fund Act, could have been imposed against them, since the contracts entered into by them have no relation to the construction work at all, or to the construction workers. 3. The petitioners say that, however, in spite of this, 1% of their bill amount is sought to be now deducted towards “Cess” under the “KCWWF”; and consequently, that they have been constrained to approach this Court, through this writ petition. They assert that their contentions are supported by the judgments of this Court in **Poulose and others v. State of Kerala and others [1993(3)ILR Kerala 675]** and **Kerala Construction WWF Board v. State of Kerala [1995(2) KLT 724].** 4. Sri.P.M.Johny – learned Standing Counsel for the ‘KWA’, W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 12 : however, in response to the afore submissions of Sri.P.Shanes Methar – learned counsel for the petitioners, argued that, since petitioners are contractors under the ‘KWA’, their obligation to pay “Cess” under the “KCWWF” is unmistakable and unavoidable. He argued that, as long as the petitioners are involved in construction works, they certainly have to pay “Cess” and they cannot refuse it in any manner whatsoever. 5. It is luculent from the afore rival positions that there is factual disputation as to the nature of the contracts entered into by the petitioners with the ‘KWA’. While they maintain that they are to only supply materials, without having any participation in the actual construction work; the ‘KWA’ appears to take the stand that, even the supply of materials is part of the construction work. 6. However, it must be borne in mind that “KCWWF” Scheme has a particular ambit to it and its purlieus are also well defined. It is only if all the criteria thereunder are satisfied, will the obligation of a contractor to pay “Cess” thereunder be attracted. 7. In the case at hand, as I have already said above, it is the specific contention of the petitioners that they only supply materials and have no part in the construction work. If this be so, certainly, it is a matter which the Superintendent or such other competent Authority of ‘KWA’ must consider, before imposing “Cess” upon them, W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 13 : through an automatic deduction from their bills. 8. When there is a clear factual dispute as afore, it would not be proper for one of the contracting parties unilaterally to impose a detriment on the other, citing that they are liable to pay “Cess”, without even making an assessment of the same and without affording them an opportunity of being heard. In the afore circumstances, I allow these writ petitions and set aside impugned proceedings and direct the competent Authority of the ‘KWA’ to hear the petitioners and assess their claim, that they are not liable to pay “Cess” under the “KCWWF” Act because, they only supply materials and not concerned with the construction work. The afore shall be done, after affording each of the petitioners an opportunity of being heard and after assessing their contentions and the germane documentary materials; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible. This shall be done also adverting specifically to the declarations in the afore cited precedents. Needless to say, until such time as the afore is done and the resultant orders communicated to the petitioners, action to recover any amount from their Bill amounts towards “Cess” under the “KCWWF Act”, will stand deferred; and will be taken forward only after the said orders are communicated to them and in terms of the W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 14 : decisions will be arrived at. As a corollary, if, through the afore exercise, it is to be found that “Cess” under the “KCWWF Act” cannot be improved against the petitioners, then the amounts already collected from them under such head will be returned without any avoidable delay. **Sd/DEVAN RAMACHANDRAN JUDGE** anm W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 15 : ## **APPENDIX OF WP(C) 42460/2023** |PETITIONER EXHIBITS|| |---|---| |ExhibitP1|A TRUE COPY OF THE E-TENDER NO.| ||SE/PHC/KKD/39/2022-23 DATED 26.8.2022| ||PUBLISHED BY THE SECOND RESPONDENT| |ExhibitP2|A TRUE COPY OF THE RELEVANT EXTRACT OF| ||THE WORK ORDER NO. 2355/D6/2022/PHC-KKD| ||DATED: 21.01.2023 (TOGETHER WITH THE| ||ACCEPTED SCHEDULE) ISSUED BY THE SECOND| ||RESPONDENT| |ExhibitP3|A TRUE COPY OF THE RELEVANT PAGES OF| ||AGREEMENT NO.SE/PHC/KKD/ 55/2022-2023| ||DATED 4/2/2023| |ExhibitP4|A TRUE COPY OF THE CB3 VOUCHER PERTAINING| ||TO CC FIRST & PART BILL DATED 10.7.2023| |ExhibitP5|A TRUE COPY OF THE CB3 VOUCHER PERTAINING| ||TO CC SECOND & PART BILL DATED 22-07-2023| |ExhibitP6|A TRUE COPY OF THE REPRESENTATION DATED| ||12.12.2023 SUBMITTED BY THE PETITIONER| ||BEFORE THE SECOND RESPONDENT| |ExhibitP7|A TRUE COPY OF THE JUDGMENT DATED| ||4.12.2023 IN W.P (C) NO.39649 OF 2023| RESPONDENTS' EXHIBITS : NIL. W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 16 : ## **APPENDIX OF WP(C) 42461/2023** PETITIONER EXHIBITS ExhibitP1 A TRUE COPY OF THE E-TENDER NO. SE/PHC/KKD/18/2021-22 DATED 14.12.2021 PUBLISHED BY THE SECOND RESPONDENT ExhibitP2 A TRUE COPY OF THE WORK ORDER NO. D62912/2018 DATED: 13.07.2023 (TOGETHER WITH THE ACCEPTED SCHEDULE) ISSUED BY THE SECOND RESPONDENT ExhibitP3 A TRUE COPY OF THE RELEVANT PAGES OF AGREEMENT NO.SE/PHC/KKD/ 41/2023-2024 DATED 1/8/2023 ExhibitP4 A TRUE COPY OF THE REPRESENTATION DATED 12.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ExhibitP5 A TRUE COPY OF THE JUDGMENT DATED 4.12.2023 IN W.P (C) NO.39649 OF 2023 AND CONNECTED CASES RESPONDENTS' EXHIBITS : NIL. W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 17 : ## **APPENDIX OF WP(C) 42603/2023** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||NOTICE INVITING TENDER NO.69/2021-| ||22/KWA/PHC /D2/ TVM VOL.I| |Exhibit P2|TRUE COPY OF THE SELECTION NOTICE DATED| ||11.03.2022| |Exhibit P3|TRUE COPY OF THE ACCEPTED SCHEDULE ALONG| ||WITH THE DETAILED SCHEDULE| |Exhibit P4|TRUE COPY OF THE AGREEMENT DATED| ||23.03.2022 BETWEEN THE PETITIONER AND THE| ||2ND RESPONDENT WITH THE SECOND| ||RESPONDENT.| |Exhibit P5|TRUE COPY OF THE CB-3 VOUCHER DATED| ||28.06.2022| |Exhibit P6|TRUE COPY OF THE CB-3 VOUCHER DATED| ||07.11.2022| |Exhibit P7|TRUE COPY OF THE CB-3 VOUCHER DATED| ||06.12.2022| |Exhibit P8|TRUE COPY OF THE CB-3 VOUCHER DATED| ||30.12.2022| |Exhibit P9|TRUE COPY OF THE CB-3 VOUCHER DATED| ||23.01.2023| |Exhibit P10|TRUE COPY OF THE CB-3 VOUCHER DATED| ||29.03.2023| |Exhibit P11|TRUE COPY OF THE CB-3 VOUCHER DATED| ||25.08.2023| |Exhibit P12|TRUE COPY OF THE REPRESENTATION OF THE| ||PETITIONER DATED 13.12.2023| |Exhibit P13|TRUE COPY OF THE JUDGMENT OF THIS HON'BLE| ||COURT DATED 4.12.2023 IN WP(C) NO.| ||39649/2023 AND CONNECTED CASES| RESPONDENTS' EXHIBITS : NIL. W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 18 : ## **APPENDIX OF WP(C) 42613/2023** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||NOTICE INVITING TENDER| |Exhibit P2|TRUE COPY OF THE SELECTION NOTICE DATED| ||23.08.2022| |Exhibit P3|TRUE COPY OF THE ACCEPTED SCHEDULE ALONG| ||WITH THE DETAILED SCHEDULE| |Exhibit P4|TRUE COPY OF THE AGREEMENT DATED| ||01.09.2022 WITH THE SECOND RESPONDENT| |Exhibit P5|TRUE COPY OF THE CB-3 VOUCHER DATED| ||10.01.2023| |Exhibit P6|TRUE COPY OF THE CB-3 VOUCHER DATED| ||19.03.2023| |Exhibit P7|TRUE COPY OF THE CB-3 VOUCHER DATED| ||29.09.2023| |Exhibit P8|TRUE COPY OF THE REPRESENTATION OF THE| ||PETITIONER DATED 14.12.2023| |Exhibit P9|TRUE COPY OF THE JUDGMENT OF THIS HON'BLE| ||COURT DATED 4.12.2023 IN WP(C)| ||NO.39649/2023 AND CONNECTED CASES| RESPONDENTS' EXHIBITS : NIL. W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 19 : ## **APPENDIX OF WP(C) 42629/2023** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE RELEVANT EXTRACT OF| ||TENDER NO: 01/2021-22/SE/PHC/ALP-VOLUME| ||NO.1| |Exhibit P2|TRUE COPY OF THE SECOND RESPONDENT ISSUED| ||SELECTION NOTICE DATED 19.07.2021 TO THE| ||PETITIONER| |Exhibit P3|TRUE COPY OF THE ACCEPTED PRICE SCHEDULE| |Exhibit P4|TRUE COPY OF THE AGREEMENT DATED| ||29.07.2022 BETWEEN THE PETITIONER AND THE| ||SECOND RESPONDENT| |Exhibit P5|TRUE COPY OF THE BREAK UP OF PAYMENT| ||DATED 4.10.2021| |Exhibit P6|TRUE COPY OF THE CB-3 VOUCHER DATED| ||13.10.2021| |Exhibit P7|TRUE COPY OF THE CB-3 VOUCHER DATED| ||29.10.2021| |Exhibit P8|TRUE COPY OF THE CB-3 VOUCHER DATED| ||18.11.2021| |Exhibit P9|TRUE COPY OF THE CB-3 VOUCHER DATED| ||09.12.2021| |Exhibit P10|TRUE COPY OF THE CB-3 VOUCHER DATED| ||03.02.2022| |Exhibit P11|TRUE COPY OF THE CB-3 VOUCHER DATED| ||10.03.2022| |Exhibit P12|TRUE COPY OF THE CB-3 VOUCHER DATED| ||14.07.2022| |Exhibit P13|TRUE COPY OF THE CB-3 VOUCHER DATED| ||01.11.2022| |Exhibit P14|TRUE COPY OF THE CB-3 VOUCHER DATED| ||25.09.2023| |Exhibit P15|TRUE COPY OF THE REPRESENTATION OF THE| ||PETITIONER DATED 14.12.2023| |Exhibit P16|TRUE COPY OF THE JUDGMENT OF THIS HON'BLE| ||COURT DATED 4.12.2023 IN WP(C) NO.| ||39649/2023 AND CONNECTED CASED| RESPONDENTS' EXHIBITS : NIL. W.P.(C).Nos. 42460/2023, 42461/2023, 42603/2023, 42613/2023, 42629/2023 & 42661/2023 : 20 : ## **APPENDIX OF WP(C) 42661/2023** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE RELEVANT EXTRACT OF THE| ||NOTICE INVITING TENDER (VOLUME NO.1)| |Exhibit 2|TRUE COPY OF THE SELECTION NOTICE DATED| ||16/12/2022| |Exhibit P3|TRUE COPY OF THE AGREEMENT NO. 131/2022-| ||2023 DATED 23.01.2023 BETWEEN THE| ||PETITIONER AND THE SECOND RESPONDENT.| |Exhibit P4|TRUE COPY OF THE ACCEPTED SCHEDULE FOR| ||THE WORK| |Exhibit P5|TRUE COPY OF THE CB-3 VOUCHER DATED| ||10.07.2023| |Exhibit P6|TRUE COPY OF THE CB-3 VOUCHER DATED| ||14.11.2023| |Exhibit P7|TRUE COPY OF THE COMMUNICATION DATED| ||09/06/2023 ISSUED BY THE SECOND| ||RESPONDENT ALONG WITH THE APPROVED BREAK| ||UP| |Exhibit P8|TRUE COPY OF THE COMMUNICATION OF THE| ||PETITIONER ADDRESSED TO THE SECOND| ||RESPONDENT 13.12.2023| |Exhibit P9|TRUE COPY OF THE SAID JUDGMENT DATED| ||04.12.2023 IN WRIT PETITION (CIVIL) NO.| ||39649/2023 AND CONNECTED CASES| RESPONDENTS' EXHIBITS : NIL.