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

``` 2025:KER:24328 ``` **==> picture [58 x 57] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` FRIDAY, THE 21[ST] DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 ``` ``` WP(C) NO. 37831 OF 2023 ``` ## **`PETITIONER:`** ``` 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. ``` ``` BY ADVS. DINESH MATHEW J.MURICKEN K.A.ABHILASH VINOD S. PILLAI MOHAMMED THAYIB N.M. NAYANA VARGHESE RIA VARGHESE JERRY PETER SEBA SHAJAHAN ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY (HEALTH) TO GOVERNMENT HEALTH & FAMILY WELFARE DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM, PIN – 695035. ``` ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** - `& 37863 of 2023 2 2025:KER:24328` - **`2 THE KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS CHAIRMAN, 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT,, PIN – 695004.`** - **`3 THE CHIEF TECHNICAL OFFICER, CONSULTANCY WING, KERALA STATE ELECTRICITY BOARD LTD., 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695004.`** - **`4 THE URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY,`** - **`MADAPPALLY COLLEGE.P.O., VATAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 673102.`** ## **`BY ADV M.SASINDRAN`** ## **`OTHER PRESENT:`** ## **`ADV MANOJ KUMAR - R1, SRI B PRAMOD SC`** ``` 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: ``` **==> picture [58 x 57] intentionally omitted <==** ``` W.P.(C)Nos.37831 & 37863 of 2023 3 2025:KER:24328 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` FRIDAY, THE 21[ST] DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 ``` ``` WP(C) NO. 37863 OF 2023 ``` ## **`PETITIONER:`** ``` 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. ``` ``` BY ADVS. DINESH MATHEW J.MURICKEN K.A.ABHILASH VINOD S. PILLAI MOHAMMED THAYIB N.M. NAYANA VARGHESE RIA VARGHESE JERRY PETER SEBA SHAJAHAN ``` ## **`RESPONDENTS:`** ``` 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. ``` ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** - `& 37863 of 2023 4 2025:KER:24328` - **`2 THE KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT. (&#42;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.`** - **`3 THE CHIEF TECHNICAL OFFICER, CONSULTANCY WING, KERALA STATE ELECTRICITY BOARD LTD., 11ND FLOOR, VYDYUTHI BHAVANAM, PATTOM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695004.`** - **`4 THE URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY,`** - **`MADAPPALLY COLLEGE.P.O., VATAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 673102.`** ``` BY ADV M.SASINDRAN ``` ## **`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: ``` ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** ``` & 37863 of 2023 5 2025:KER:24328 ``` ## **JUDGMENT** ## **[WP(C) Nos.37831/2023, 37863/2023]** 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. 2. 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. 3. 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 ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** ``` & 37863 of 2023 6 2025:KER:24328 ``` learned counsel for the 1[st] respondent and Sri.B.Premod, the learned Standing counsel for the 2[nd] and 3[rd] respondents. 4. I have considered the rival submissions as well as the connected records. 5. The challenge in these writ petitions, as 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. 6. 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. 7. In the light of the afore, I am of the opinion ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** ``` & 37863 of 2023 7 2025:KER:24328 ``` that the petitioner is not entitled to succeed. 8. 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. 9. On the whole, I find that the petitioner is not entitled for any of the reliefs as prayed for in this writ petition. Resultantly, these writ petitions would stand dismissed. **Sd/-** ## **HARISANKAR V. MENON** **JUDGE** ANA ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** ``` & 37863 of 2023 8 2025:KER:24328 ``` ## **`APPENDIX OF WP(C) 37863/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE COPY OF THE E-TENDER NO.CW/KSEBL/03/2023-24 AND INSTRUCTION TO THE BIDDERS DATED 06.07.2023 ``` ``` Exhibit P2TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.10.2023 ``` ``` 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 ``` - **`Exhibit P4 TRUE COPY OF THE LETTER DATED 18.10.2023 SENT BY THE PETITIONER TO THE 3RD RESPONDENT`** - **`Exhibit P5 TRUE COPY OF THE G.O(MS) NO.41/2020/PWD DATED 19.03.2020 ISSUED BY THE 1ST RESPONDENT`** ## **`RESPONDENT EXHIBITS`** ``` 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 -97Co-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 ``` ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** ``` & 37863 of 2023 9 2025:KER:24328 ``` ``` Exhibit R4(f) ``` ``` A true copy of the judgment dated 17-11- 2020 in W.P.(C) No.3760 of 2020 ``` ``` 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 ``` ``` Exhibit R4(h) ``` ``` A true copy of the relevant extracts from the byelaws of the society ``` ``` 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 ``` ``` Annexure R1(a) ``` ``` A true copy of the certificate issued by the Joint Registrar of Co-operative Societies (General) Kozhikode dated 14.08.2009. ``` ``` W.P.(C)Nos.37831 ``` **==> picture [58 x 57] intentionally omitted <==** ``` & 37863 of 2023 10 2025:KER:24328 ``` ## **`APPENDIX OF WP(C) 37831/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1 ``` ``` TRUE COPY OF THE E-TENDER NO.CW/KSEBL/04/2023-24 AND INSTRUCTION TO THE BIDDERS DATED 06.07.2023 ``` ``` Exhibit P2 ``` ``` TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.10.2023 ``` ``` Exhibit P3 ``` ``` TRUE 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 ``` ``` Exhibit P4 ``` ``` TRUE COPY OF THE LETTER DATED 18.10.2023 SENT BY THE PETITIONER TO THE 3RD RESPONDENT ``` ``` Exhibit P5 ``` ``` TRUE COPY OF THE G.O(MS) NO.41/2020/PWD DATED 19.03.2020 ISSUED BY THE 1ST RESPONDENT ```