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High Court of KeralaDivision BenchAppeals allowed; writ petitions disposed in ter...

WA NO. 725 OF 2023 & CON.CASES (In the High Court of Kerala at Ernakulam)

Case / Petition Number:WA 725 OF 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. J. Desai
  • V. G. Arun
Judgment Date
2023-08-16
Court Decision / Holding
Appeals allowed; the learned Division Bench set aside the Single Judge’s order. It held that APG is not required if the quoted rate is within 10% below TPAC, but APG is required for quotes 11–25% below TPAC as per the clarifications dated 10.01.2019; the court directed that the 07.12.2019 order cannot bind if not expressly referenced in the tender notice; tender terms must be disclosed upfront. The writ petitions are allowed to the extent of this interpretation, and APG shall be computed accordingly.
Final Disposition
Appeals allowed; writ petitions disposed in terms of the judgment; APG rules clarified.

Parties to the Case

Appellants / Petitioners

  • M/S STREFA PROJECTS PRIVATE LTD

Respondents

  • State of Kerala
  • Kerala Water Authority
  • The Superintending Engineer

Legal Representation & Advocates

Counsels for Petitioners

  • • George Mathew
  • • Elsa Denny Pindis
  • • M.D.Sasikuman
  • • Sunil Kumar A.G
  • • Mathew K.T.
  • • George K.V.
  • • Stephy K Regi
  • • Adarsh Kurian

Counsels for Respondents

  • • P.M.Johny
  • • Georgie Johny
  • • Sri.K.V.Manojkumar (SPL GP)

Case Synopsis & Summary

This batch judgment deals with a group of writ appeals filed against notices and tenders issued by the Kerala Water Authority (KWA) under Jal Jeevan Mission and related works. The key dispute centers on the demand for Additional Performance Guarantee (APG) allegedly required to be furnished item-wise by successful bidders when bids were below or near the tendered probable amount of contract (TPAC). The appellants, including M/S STREFA PROJECTS PRIVATE LTD, challenge the APG demand on the ground that the tender notices did not disclose any obligation to provide item-wise APG, nor did they reference the Government Orders relied upon by the KWA (GO 28/09/2015, GO 29/08/2016, GO 10/01/2019, and the later order dated 07.12.2019). They argue post-bid imposition of new terms violates established contracts’ principles, citing Delhi Development Authority and Suresh Kumar Wad-hwa, and Ramesan P. v. T. Asokan to support transparency in tender terms. The respondents contend the NITClause 7.21.1 and GO provisions clearly mandate APG, with item-wise calculation, and that bidders were aware of the rate framework via the committee’s published rates. The Kerala High Court, in a Division Bench, ultimately allows the appeals, setting aside the single-judge order, and holds that (i) APG is not required if the overall rate is within 10% below TPAC, but (ii) APG is required for 11–25% below TPAC per the 10.01.2019 clarifications. The court underscores the need for tender notices to disclose terms and holds that reliance on post-tender orders not referenced in the NIT is unsustainable.

Provisions of Law Cited

G.O.(P) No.429/15/Fin dated 28/09/2015G.O.(P) No.124/2016/Fin dated 29/08/2016G.O.(P) No.1/2019/Fin dated 10/01/2019Government Order dated 07.12.2019Clause 7.21.1 of the NITKerala PWD Manual (as referenced)

Legal Doctrines & Maxims

  • No new terms can be imposed after tender; terms must be disclosed in the tender document (tender transparency)
  • A contract cannot be altered by unilateral post-bid orders or communications not disclosed in the tender documents
  • DDA v. Joint Action Committee on SFS Flats (Delhi Development Authority principle)
  • Suresh Kumar Wad-hwa v. State of Madhya Pradesh (tender terms must be disclosed)
  • Ramesan P. v. T. Asokan (terms not disclosed cannot be imposed)

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that the tender notices did not disclose item-wise Additional Performance Guarantee (APG) and that GO 07.12.2019 cannot bind where not referenced in the tender. They rely on established public procurement principles that tenders must state binding terms; without explicit item-wise APG terms, demands after award are impermissible. They argue that if the overall rate is within 10% below TPAC, APG cannot be demanded, and only if 11–25% below TPAC can APG be demanded per the 2019 clarifications (10.01.2019). They cite Delhi Development Authority and Suresh Kumar Wad-hwa and Ramesan P. v. T. Asokan to emphasize that post-bid terms require prior disclosure and cannot be imposed unilaterally; they urge quashing or narrowing APG demands to preserve fair bidding and contract finality.

Contentions of Respondents

The KWA contends the NIT Clause 7.21.1 and GO 28/09/2015, 29/08/2016, and the clarified GO 07.12.2019 require APG to be calculated item-wise; bidders were aware through committee-determined rates published on the website, and APG is triggered when bids fall below TPAC beyond a declared threshold. They assert that post-bid clarifications and reference to government orders bind the contract and its execution. They emphasize that the tender process involved explicit APG terms and that the 10% exemption was later clarified but APG remains applicable for 11–25% below estimates; therefore the appeals should be dismissed or upheld with caution to the statutory framework.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Delhi Development Authority and Another v. Joint Action Committee of SFS Flats and Other(2008) 2 SCC 672PositiveCited for the principle that post-bid/un communicated terms cannot be imposed as basis of a contract.
Suresh Kumar Wad-hwa v State Of Madhya Pradesh(2017) 16 SCC 757PositiveCited for the requirement that tender terms should be contained in the notice and binding.
Ramesan P. and Another v. T. Asokan and Others(2018) 5 KHC 189PositiveCited for the proposition that terms not disclosed in tender cannot be imposed later.

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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 THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ## **`THE HONOURABLE MR.JUSTICE V.G.ARUN`** ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 ``` ``` WA NO. 725 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4845/2023 DATED 21.03.2023 OF HIGH ``` ## **`COURT OF KERALA`** ## **`APPELLANT/PETITIONERS:`** ``` M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS. GEORGE MATHEW ELSA DENNY PINDIS M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN – 698101 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -2- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2023, ALONG WITH 14.08.2023THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -3- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 717 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 3350/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/WRIT PETITIONER:`** ``` M/S LOTUS ENGINEERS AND CONTRACTORS KERALA PVT LTD, NEAR CIVIL LINE ROAD,KARUNAGAPALLY, KOLLAM DISTRICT,, PIN - 690518 BY ADVS. V.PREMCHAND SURYA MOHAN P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** - `1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM, PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA,PATHANAMTHITTA DISTRICT,, PIN – 689101` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -4- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 755 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 8578/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M/S HI- TECH CONSTRUCTION GROUP A1216 217 & 2018 CITI TOWER, SECTOR- 15 CBD BELAPUR, NAVI MUMBAI 400614, REPRESENTED BY POWER OF ATTORNEY HOLDER, ABRAHAM BABY, AGED 53 YEARS, S/O T.O.BABY, RESIDING AT THOTTATHIL ST. MARYS , NEAR PUSHPAGIRI MEDICAL COLLEGE, THIRUVALLA, PATHANAMTHITTA DISTRICT PIN 689101., PIN - 689101 BY ADVS. K.N.RADHAKRISHNAN(THIRUVALLA) C.S.MANILAL ``` ## **`RESPONDENT/S:`** ``` 1THE KERALA WATER AUTHORITY JALA BHAVAN, NANADHAVANAM, THIRUVANANTHAPURAM PIN -695033. REPRESENTED BY ITS MANAGING DIRECTOR,, PIN - 695033 2THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, JUNCTION, PH CIRCLE, KERALA WATER AUTHORITY, ALAPPUZHA PIN 688 001, PIN - 688001 BY ADV P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -5- ``` ``` 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -6- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 760 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6812/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` MUHAMMED SAFVAN M.K AGED 38 YEARS, S/O. ABDULLA, AGED 38 YEARS, AMINICKAMPARAMBIL HOUSE, KOOTTUMALA, OM MURI, OORAKAM P.O.,MALAPURAM DISTRICT, PIN - 676519 BY ADVS.GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, MALAPURAM, PIN - 676505 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -7- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -8- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 761 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 37273/2022 DATED 24.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERING AND CONTRACTING COMPANY (P) LTD REP . BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENT/S:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KANNUR), KANOORKARA, KANNUR., PIN - 670012 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -9- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 768 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 457/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` TOMCO ENGINEERING (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM., PIN - 682316 ``` ``` BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRESENTED YB ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033` - `2 SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN – 680001` ## `ADV.GEORGIE JOHNY` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -10- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 774 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 34088/2022 DATED 24.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERING AND CONTRACTING COMPANY PVT LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -11- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 775 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4717/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 ``` ``` BY ADVS.GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033` - `3 THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN – 689101` ``` BY ADV. P.M.JOHNY ``` ``` ADV.GEORGIE JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -12- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -13- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 778 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 29971/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M.B. PRADEEP AGED 50 YEARS S/O. BHASKARAN NAIR, MATHILAKATH HOUSE [X/662(1 )], KOPPARAMBIL DIVINE VILLAGE ROAD, KUSUMAGIRI. P.O., KAKKANAD, PIN - 682030 BY ADVS. SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-, PIN - 685033 2SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, MUVATTUPUZHA, PIN - 686673 3EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, MUVATTUPUZHA, PIN – 686673 ``` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -14- ``` ``` COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -15- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 780 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6328/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` K.O.JOSE AGED 74 YEARS S/O. K.U. OUSEPH, KELAKATH HOUSE, OLD MARTHOMA CHURCH ROAD, PERUMBAVOOR, ERNAKULAM, PIN - 683542 BY ADVS. ``` ``` SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A. ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 685033` - `2 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, M UVATTUPUZHA, ERNAKULAM, PIN – 686673` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -16- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 781 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 9528/2023 DATED 22.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` ABU MATHEW AGED 71 YEARS KOYIKKAL HOUSE, KARIKODE.P.O., KOTTAYAM, PIN - 686610 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE) KOTTAYAM, KOTTAYAM., PIN – 686002 ``` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -17- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 784 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6510/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M.B. PRADEEP AGED 50 YEARS S/O. BHASKARAN NAIR, MATHILAKATH HOUSE [X/662(1)], KOPPARAMBIL DIVINE VILLAGE ROAD, KUSUMAGIRI. P.O., KAKKANAD, PIN - 682030 ``` ``` BY ADVS. SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A. ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 685033` - `2 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN - 680001` - `3 EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN – 680001` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -18- ``` ``` 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -19- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 785 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4420/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` THAMPI C.T AGED 56 YEARS S/O. THOMAS, AGED 56 YEARS, C/O. T.D. THARAKAN, THARAKAN HOUSE, LALOOR ROAD, AYYATHOLE P.O., THRISSUR - 680 005, RESIDING AT CHACKALACKAL HOUSE, MANJALLOOR, KARIPPAKUNNU, PATTIKADUP.O.,THRISSUR DISTRICT, PIN - 680652 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -20- ``` ``` - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -21- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 786 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 9815/2023 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` TOMCO ENGINEERING (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 682316 ``` ``` BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED YB ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM., PIN - 695033 ``` ``` 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN – 680001 ``` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -22- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 788 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 27666/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M.B PRADEEP AGED 50 YEARS S/O. BHASKARAN NAIR, MATHILAKATH HOUSE [X/662( 1 )], KOPPARAMBIL DIVINE VILLAGE ROAD, KUSUMAGIRI. P.O., KAKKANAD, PIN - 682030 BY ADVS. SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-, PIN - 685033 2SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, PALAKKAD, PIN - 678001 3EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION PALAKKAD, PIN – 678001 BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -23- ``` ``` COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -24- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 793 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 39590/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` ZUBAIR V AGED 50 YEARS S/O. ABDULLA, CHERUPARAMBIL HOUSE, KODUR, P.O. MANGATTUPULAM, MALAPPURAM, PIN - 676504 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S. ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -25- ``` ``` CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADVS. GOVERNMENT PLEADER (B/O) SRI.P.M.JOHNY (B/O) ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -26- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 797 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 40212/2022 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR,JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (MALAPPURAM), MALAPPURAM., PIN - 676505 BY ADV P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -27- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 799 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 38695/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` THAMPI C.T AGED 56 YEARS S/O. THOMAS, AGED 56 YEARS, C/O. T.D. THARAKAN, THARAKAN HOUSE, LALOOR ROAD, AYYATHOLE P.O., THRISSUR - 680 005, RESIDING AT CHACKALACKAL HOUSE, MANJALLOOR, KARIPPAKUNNU, PATTIKADU P.O.,THRISSUR DISTRICT, PIN - 680652 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 ``` ``` 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -28- ``` ``` PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADVS. GOVERNMENT PLEADER (B/O) SRI.P.M.JOHNY (B/O) ADV.GEORGIE JOHNY JOSHY VV ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -29- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 801 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6365/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` GEORGE MARTIN JOSE AGED 33 YEARS S/O. K.O.JOSE, KELAKATH HOUSE, OLD MARTHOMA CHURCH ROAD, PERUMBAVOOR, ERNAKULAM, PIN - 683542 BY ADVS. SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A. ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-, PIN - 685033` - `2 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOCHI, ERNAKULAM, PIN – 682011` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -30- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 802 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4734/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` M/S. STREFA PROJECTS PRIVATE LTD AGED 38 YEARS PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -31- ``` ``` 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN – 689101 ``` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY SPL GP, K.V.MANOJKUMAR ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -32- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 803 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 38602/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` GEORGE MATHEW AGED 58 YEARS S/O. MATHEW, AGED 58 YEARS, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P.O.,MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686670 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -33- ``` ``` CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN – 680001 ``` ``` BY ADV. P.M.JOHNY ADV.GEORGIE JOHNY SPL. GP SRI.K.V.MANOJKUMAR ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -34- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 804 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 39375/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M/S. MICHAEL & MICHAEL PIPES PVT. LTD 2ND FLOOR, MATHEW SONS GATEWAY, VYTTILA P.O, ERNAKULAM - 682019, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 682019 BY ADV T.V.GEORGE ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM, PIN - 695033 2SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, O/O THE SUPERINTENDING ENGINEER, P H CIRCLE, ( KOCHI), ERNAKULAM P.O, ERNAKULAM, PIN – 682011 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -35- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 808 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 42346/2022 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN – 673009 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -36- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 809 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 34124/2022 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERING AND CONTRACTING COMPANY PVT LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009 BY ADV P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -37- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 810 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 33310/2022 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENT/S:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE), MALAPARAMBA.P.O., KOZHIKODE., PIN – 673009 BY ADV P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -38- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 815 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 42597/2022 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERING AND CONTRACTING COMPANY LTD REP. BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (KOZHIKODE) MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009 BY ADV P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -39- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 821 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 41138/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` TOMCO ENGINEERING (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM., PIN - 682316 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM., PIN - 695033 2SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE THRISSUR), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN – 680006 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -40- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 829 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 39946/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/APPELLANT:`** ``` VELAYUDHAN M AGED 60 YEARS S/O. MADHAVAN, AGED 60 YEARS, MANHAKKATTE HOUSE, MUNDOOR P.O., MALAPPURAM DISTRICT, PIN - 679578 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -41- ``` ``` CIRCLE, KERALA WATERAUTHORITY, THRISSUR DISTRICT, PIN – 680001 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SPL GP, SRI.K.V.MANOJKUMAR ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -42- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 833 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 11188/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` M/S OM DHAR ENGINEERING PVT. LTD., II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN - 500033 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** - `1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN - 680001` - `3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN – 680001` ``` BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -43- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -44- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 834 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 11347/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` M/S OM DHAR ENGINEERING PVT. LTD., II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN - 500033 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOCHI, ERNAKULAM DISTRICT, PIN – 682011` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -45- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 841 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 7715/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` J.P SAJIMON AGED 60 YEARS S/O JOSEPH, PERUMATTIKUNNEL HOUSE, MUTTOM P.O, THODUPUZHA, PIN - 685587 BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN SMITHA PHILIPOSE ASHIK TOM ALEX KEVIN GEORGE ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE KERALA WATER AUTHORITY, MUVATTUPUZHA, PIN – 686661 ``` ``` BY ADV P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -46- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -47- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 842 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 9/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERS AND CONTRACTORS (P) LTD. REPRESENTED BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTO PLAZA, PANAJI,GOA., PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE (THRISSUR) HIGH ROAD. SAKTHANTHAMPURAN NAGAR, THRISSUR.H.P.O., THRISSUR., PIN - 680001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -48- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 847 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 7618/2023 DATED 28.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERS AND CONTRACTORS PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, NO. 602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA., PIN - 403001 ``` ``` BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRSENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033` - `2 SUPERINTENDING ENGINEER O/O. THE SUPERINTENDING ENGINEER, PH CIRCLE (MALAPPURAM), MALAPPURAM.P.O., MALAPPURAM., PIN - 676505` - `3 UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES, NIRMAN BHAVAN, 7TH FLOOR, MOULANA AZAD ROAD, NEW DELHI., PIN - 110108` - `4 STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` ``` BY ADVS. ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -49- ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA (B/O) SRI.K.V.MANOJKUMAR, SPECIALGOVERNMENT PKEADER ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -50- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 853 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 9729/2023 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` REENA ENGINEERS AND CONTRACTORS (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, 602, SHIV TOWER, PATTOPLAZA, PANAJI, GOA, PIN - 403001 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED YB ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033 ``` ``` 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE), HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR., PIN – 680001 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -51- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` # **`MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 857 OF 2023`** ``` AGAINST THE JUDGMENT IN WP(C) 10218/2023 DATED 24.3.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` T. MOHAMMED ALI, AGED 55 YEARS S/O. VEERAN HAJI, THADATHIL HOUSE, KANAYAM, SHORNUR, PALAKKAD DISTRICT, PIN - 679121 BY ADVS.SANTHEEP ANKARATH P.ANIRUDHAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695001 3THE SUERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, HIGH ROAD, SAKTHAN THAMPURAM NAGAR, THRISSUR DISTRICT, PIN – 680001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR,SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -52- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 861 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 9831/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` GEORGE MATHEW S/O. MATHEW, AGED 58 YEARS, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P.O.,MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686670 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN - 680001 BY ADV JOSHY VV BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -53- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -54- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 862 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 11207/2023 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS. GEORGE MATHEW ELSA DENNY PINDIS M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN – 689101 ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -55- ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -56- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 864 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 10952/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` K.I. PAULOSE AGED 66 YEARS S/O. ITTIAVIRAH, KUNNEL HOUSE, KUNNACKAL P.O., MUVATTUPUZHA TALUK, VALAKOM, ERNAKULAM DISTRICT, PIN - 682316 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, ERNAKULAM, KOCHI, PIN – 682011 ``` ``` BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -57- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -58- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 865 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 3196/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M/S. SURENDRA INFRASTRUCTURE PVT. LTD HEAD OFFICE, 9, EZRA STREET, 2NDFLOOR, KOLKATA - 700001, REPRESENTED BY ITS SITE ENGINEER, P.S. SURESH, AGED 58 YEARS, PULATTU HOUSE, THOTTKATTUKARA, ALUVA, PIN - 683108 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -59- ``` ``` CIRCLE, KERALA WATER AUTHORITY, HOSPITAL ROAD, ERNAKULAM, PIN – 682011 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -60- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 870 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 5303/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` ABU MATHEW AGED 71 YEARS KOYIKKAL HOUSE, KARIKODE.P.O., KOTTAYAM., PIN - 686610 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM., PIN - 695033 2THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY (P H CIRCLE) PALAKKAD, PALAKKAD.H.P.O., PIN – 678001 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -61- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 871 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6187/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/WRIT PETITIONER:`** ``` B.UNNIKRISHNAN NAIR, AGED 53 YEARS SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695102 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** ``` 1THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, OFFICE OF THE SUPERINTENDING ENGINEER ,PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033 3THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION,THIRUVANANTHAPURAM, DISTRICT,, PIN – 695033 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -62- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 872 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4905/2023 DATED 24.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/WRIT PETITIONER:`** ``` B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA,VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695102 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** - `1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, AALTHARA JUNCTION, NANDHAVANA, PALAYAM, THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033` - `3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, AALTHARA JUNCTION, NANDHAVANA, PALAYAM, THIRUVANANTHAPURAM, DISTRICT., PIN – 695033` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -63- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -64- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 873 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 3338/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/WRIT PETITIONER:`** ``` RAJU S, AGED 58 YEARS RESIDING AT LEENA BHAVAN, MAYYANAD P O, KOLLAM DISTRICT,, PIN - 691303 BY ADVS. V.PREMCHAND SURYA MOHAN P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** ``` 1THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2THE SUPERINTENDING ENGINEER. PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY KOLLAM DISTRICT,, PIN - 695033 3THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KOLLAM DISTRICT,, PIN – 695033 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -65- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 875 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6265/2023 DATED 24.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/WRIT PETITIONER:`** ``` M/S OM DHAR ENGINEERING PVT. LTD., II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN - 500033 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** - `1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHAN TAMPURAN NAGAR, THRISSUR,, PIN - 680001` - `3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN – 680001` ``` BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -66- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -67- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 876 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6188/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` M/S OM DHAR ENGINEERING PVT. LTD. II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081,REPRESENTED BY AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,PIN-5, PIN - 500033 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** - `1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN - 680001` - `3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR,, PIN – 680001` ``` BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -68- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -69- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 879 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 40834/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` TOMCO ENGINEERING (P) LTD. REP. BY ITS MANAGING DIRECTOR, PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA, ERNAKULAM., PIN - 682316 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM.P.O., THIRUVANANTHAPURAM., PIN - 695033 2SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY(PH CIRCLE-MUVATTUPUZHA), MUVATTUPUZHA, ERNAKULAM., PIN – 686661 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -70- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 889 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4615/2023 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` ASHRAF M AGED 46 YEARS S/O. KAMMETH HAJI, MOOLAMKUZHIYIL HOUSE, PAZHAMALOOR P.O., KOOTTILANGADI, MALAPPURAM, PIN - 676506 BY ADVS. GEORGE MATHEW KARAMAYIL M.D.SASIKUMAR A.G.SUNIL KUMAR K.V.GEORGE ADARSH KURIAN ELSA DENNY PINDIS K.T.MATHEW STEPHY K.REJI MEDHA B.S. ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA , REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY (KWA) REPRESENTED BY ITS MANAGING DIRECTOR HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -71- ``` ``` 3THE SUPERINTENDING ENGINEER , OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, PALAKKAD, PALAKKAD DISTRICT, PIN – 678001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -72- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 890 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 3498/2023 DATED 31.03.2023 OF ``` ``` HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** ``` 1THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 ``` - `2 THE SUPERINTENDING ENGINEER. PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY THIRUVANANTHAPURAM, DISTRICT,, PIN – 695033` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -73- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 892 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 43021/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M/S. NAVEEN CONSTRUCTION CORPORATION NEAR EDAPALLY RAILWAY GATE, AIMS PONEKARA P.O., ERNAKULAM, KOCHI - 682 041, REP. BY ITS MANAGING PARTNER, N. SUGATHAN, AGED 76 YEARS, S/O. NARAYANAN, ILLIKATTU HOUSE, NEAR EDAPALLY RAILWAY GATE, ERNAKULAM, PIN - 682041 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY , REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -74- ``` ``` OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN – 680001 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -75- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 894 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 9142/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHAMANTHITTA, PIN – 689101 ``` ``` BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -76- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -77- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 897 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4931/2022 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` SAMEER ALI C.T AGED 38 YEARS S/O MUHAMMED AGED 38 YEARS, CHANKINGALATHODI HOUSE, KARATHODE, OORAKAM, MELMURI P.O., MALAPURAM, PIN - 676519 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -78- ``` ``` CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT, PIN – 680001 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -79- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 898 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 29241/2022 DATED 28.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` AJESH GOPI AGED 23 YEARS S/O K.V. GOPI, KANNUPARAMBIL HOUSE, CHENATHUNADU, CHALAKKUDY, THRISSUR DISTRICT., PIN - 680307 BY ADVS. JACOB SEBASTIAN WINSTON K.V ANU JACOB ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM DISTRICT., PIN - 695033 BY ADV V.V.JOSHI ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -80- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 899 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4866/2023 DATED 31.03.2023 OF ``` ``` HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,PIN-695102., PIN - 695102 BY ADVS. V.PREMCHAND SURYA MOHAN P. HALIYA T.P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** - `1 THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, ALTHARA JUNCTION,NANDHAVANAM,PALAYAM THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033` - `3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,ALTHARA JUNCTION,NANDHAVANAM,PALAYAM, THIRUVANANTHAPURAM, DISTRICT,, PIN – 695033` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -81- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -82- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 902 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4879/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` SAMEER ALI C.T AGED 38 YEARS S/O MUHAMMED AGED 38 YEARS, CHANKINGALATHODI HOUSE, KARATHODE, OORAKAM, MELMURI P.O., MALAPURAM, PIN - 676519 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -83- ``` ``` HEALTH CIRCLE, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, PIN – 695033 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -84- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 905 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6078/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` ANWAR SADATH AGED 45 YEARS S/O. ALI BAPPU, CHAKKRATHODI HOUSE, PROPRIETOR, M/S. BASIC 'N' NEEDS ENGINEERING CONTRACTORS, CHERUKUNNU, OTHUKKUNGAL P.O., MALAPPURAM DISTRICT, PIN - 676528 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -85- ``` ``` 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, MALAPURAM, PIN – 676505 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -86- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 907 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 24957/2022 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` AJESH GOPI AGED 23 YEARS S/O K.V. GOPI, KANNUPARAMBIL HOUSE, CHENATHUNADU, CHALAKKUDY, THRISSUR DISTRICT., PIN - 680307 BY ADVS. JACOB SEBASTIAN WINSTON K.V ANU JACOB ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, MUVATTUPUZHA, ERNAKULAM DISTRICT., PIN - 686661 BY ADV GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -87- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 908 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4993/2023 DATED 31.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` MUHAMMED SAFVAN M.K AGED 38 YEARS S/O. ABDULLA, AGED 38 YEARS, AMINICKAMPARAMBIL HOUSE, KOOTTUMALA, OORAKAM P.O., MALAPURAM DISTRICT, PIN - 676519 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 3THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -88- ``` ``` CIRCLE, KERALA WATER AUTHORITY, KANNUR, KANNUR DISTRICT, PIN – 679012 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -89- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 909 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 8978/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M/S. STREFA PROJECTS PRIVATE LTD PLOT NO. 34, EASWARAIAH ENCLAVE, DAMMAIGUDA, HYDERABAD, TELANGANA STATE - 500 062, REPRESENTED BY ITS, DIRECTOR, P. CHANDRABABU, S/O. P, DASTAGIRI, PIN - 500062 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, KOLLAM, KOLLAM DISTRICT, PIN – 691001 ``` ``` BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -90- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -91- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 915 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 8105/2023 DATED 31.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` MUHAMMED SAFVAN M.K AGED 38 YEARS S/O. ABDULLA, AGED 38 YEARS, AMINICKAMPARAMBIL HOUSE, KOOTTUMALA, OM MURI, OORAKAMP.O.,MALAPURAM DISTRICT, PIN - 676519 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, PIN – 695033 ``` ``` BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -92- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -93- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 920 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 33465/2022 DATED 28.03.2023 OF ``` ``` HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` MAPSGLOBAL CONSTRUCTIONS PVT LTD REP BY ITS MANAGING DIRECTOR K. SATHEESHKUMAR, S/O APPUKUTTAN NAIR, 32/595, AMBIKALAYAM. P.O., CHELAVOOR, KOZHIKODE, PIN - 673571 ``` ``` BY ADVS. TESSY JOSE ELDHO PAUL ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033` - `2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H CIRCLE, MALAPARAMBA. P.O., KOZHIKODE, PIN – 673009` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -94- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 923 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 8753/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` A. AJI AGED 51 YEARS S/O APPUKUTTAN, NELLIPARAMBU VEEDU, PAYATTUVILA.P.O. THIRUVANANTHAPURAM, PIN - 695501 BY ADVS. TESSY JOSE ELDHO PAUL ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033` - `2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, THIRUVANANTHAPURAM, PIN – 695033` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -95- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 932 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 15661/2022 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/WRIT PETITIONER:`** ``` B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA,VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,PIN-695102., PIN - 695102 BY ADVS. V.PREMCHAND SURYA MOHAN P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** - `1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001` - `2 2. THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033` - `3 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM,, PIN - 695033` - `4 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM DISTRICT., PIN - 695001` - `5 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM DISTRICT,, PIN – 695001` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -96- ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -97- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 935 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 32991/2022 DATED 28.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` UNNIKRISHNAN NAIR B. AGED 55 YEARS S/O.BHASKARAN PILLAI, SAROVILLA, KADAVILA, VANCHIYOOR P.O., ATTINGAL, THRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH ``` ## **`RESPONDENT/S:`** ``` 1THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM - 695 010, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2* THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM-691 001. *CORRECTED. *THE ADDRESS OF R2 IS CORRECTED AS " THE SUPERINTENDING ENGINEER,KERALA WATER AUTHORITY,PUBLIC HEALTH CIRCLE,THIRUVANANTHAPURAM-695 033." AS PER ORDER DATED 25/05/2023 IN IA. NO.2/2023 IN WA NO.935/2023., PIN – 695033 BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -98- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -99- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 936 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 7243/2023 DATED 28.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M.K HANSAR AGED 48 YEARS S/O M.V MUHAMMED KASSIM, HASEENA COTTAGE, PANAYIKULAM P.O ALUVA, PIN - 683502 BY ADVS. TESSY JOSE ELDHO PAUL ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-, PIN - 695033 2THE SUPERINTENDING ENGINEER 2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, THIRUVALLA, PATHANAMTHITTA, PIN-689101, PIN – 689101 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -100- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 937 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 452/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` JOSE MERLIN AGED 51 YEARS S/O. K.P SEBASTIAN, KONNOTH HOUSE, 18/2368-B, THOPPUMPADY, KOCHI, ERNAKULAM DISTRICT., PIN - 682005 BY ADVS. JACOB SEBASTIAN WINSTON K.V ANU JACOB ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, THIRUNAKKARA SOUTH ROAD, THIRUNAKKARA P.O, KOTTAYAM DISTRICT, KERALA., PIN – 686001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -101- ``` ``` 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -102- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 938 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 32029/2022 DATED 28.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` UNNIKRISHNAN NAIR. B AGED 55 YEARS S/O.BHASKARAN PILLAI, SAROVILLA, KADAVILA, VANCHIYOOR P.O, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH ``` ## **`RESPONDENT/S:`** ``` 1THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM- 695 010, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695010 2*THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEATH CIRCLE, KOLLAM-691 001. *CORRECTED. *THE ADDRESS OF R2 IS CORRECTED AS " THE SUPERINTENDING ENGINEER,KERALA WATER AUTHORITY,PUBLIC HEALTH CIRCLE,THIRUVANANTHAPURAM-695 033." AS PER ORDER DATED 25/05/2023 IN IA. NO.2/2023 IN WA NO.938/2023., PIN – 691001 BY ADV. P.M.JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -103- ``` ``` ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -104- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 948 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 3180/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` M/S MARIYA CONSTRUCTIONS REPRESENTED BY ITS MANAGING PARTNER, K.L. JOSE AGED 68 YEARS M/S. MARIYA CONSTRUCTIONS REPRESENTED BY 14/1357, KAKKANAT, THOTTILPEEDIKA, CHEVARAMBALAM, P.O, KOZHIKODE, PIN - 673017 BY ADVS. TESSY JOSE ELDHO PAUL ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` 2THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR, PIN - 670012 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -105- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 950 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 27357/2022 DATED 28.03.2023 OF ``` ``` HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA, VANCHIYOOR PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT,, PIN - 695102 BY ADVS. V.PREMCHAND SURYA MOHAN P. ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** ``` 1THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 3THE MANAGING DIRECTOR, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 4THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY THIRUVANANTHAPURAM, DISTRICT,, PIN - 695033 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` JOSHY VV ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -107- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 951 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 5066/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M K HANSAR AGED 48 YEARS S/O M.V. MOHAMMED KASSIM, HASEENA COTTAGE, PANAYIKULAM.P.O., ALUVA, PIN - 683502 BY ADVS. TESSY JOSE ELDHO PAUL ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-, PIN - 695033` ``` 2THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY PUBLIC HEALTH CIRCLE KOCHI, PIN - 682011 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -108- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 954 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 3683/2023 DATED 21.03.2023 OF ``` ``` HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` REGHU.N AGED 61 YEARS S/O ANANDAN, HARISREE, DHARMADOM.P.O, THALASSERY(VIA), KANNUR,, PIN - 670106 BY ADVS. TESSY JOSE ELDHO PAUL ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 ``` ``` 2THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR, PIN - 670012 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -109- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 973 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 9785/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` M/S HILL TRACK CONSTRUCTIONS PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR, DEVASIA P.A, AGED 69 YEARS, S/O AUGUSTY, PUTHUPPARAMBIL HOUSE, NADAVAYAL POST, PANAMARAM, WAYANAD, PIN - 670721 BY ADV ASHIK TOM ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE KERALA WATER AUTHORITY, PALAKKAD, PIN - 678001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY JOSHY VV ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -110- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 985 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6554/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` PAULOSE ABRAHAM AGED 48 YEARS S/O. ABRAHAM,NJATTUKALAYIL HOUSE, KADAYIRUPPU P.O, KOLENCHERRY ERNAKULAM DISTRICT,, PIN - 682311 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN MEDHA B.S. ``` ## **`RESPONDENTS/RESPONDENTS:`** - `1 MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISE GOVERNMENT OF INDIA, NIRMALA BHAVAN, 7TH FLOOR, MOULANA AZAD ROAD, NEW DELHI, REPRESENTED BY ITS ADDITIONAL DEVELOPMENT COMMISSIONER, PIN - 110108` - `2 NATIONAL SMALL INDUSTRIES CORPORATION LTD S-67, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD, KOCHI , REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682031` ``` 3STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -111- ``` ``` SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY PUBLIC HEALTH CIRCLE,KOCHI, KERALA, PIN - 682011 BY ADVS. M JAYAKRISHNAN VAZHOOR JOSHY VV BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -112- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** # **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 991 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 38813/2022 DATED 28.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` GOPAKUMAR S AGED 50 YEARS S/O. P.SHANKARANARAYANA PILLAI, SAI KRISHNA, PLAVODU, KODUNGANOOR P.O, VATTIYURKAVU, THIRUVANANTHAPURAM - 695013., PIN - 695013 BY ADVS. JOBY JACOB PULICKEKUDY DAJISH JOHN SMITHA PHILIPOSE ASHIK TOM RISNI FARHATH AAKHIL MOHAMMED.P.M ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERAL WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH DIVISION - THIRUVANANTHAPURAM, PIN - 695033 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -113- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -114- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 992 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 38899/2022 DATED 28.03.2023 ``` ``` OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` GOPAKUMAR S, AGED 50 YEARS S/O.P.SHANKARANARAYANA PILLAI, SAI KRISHNA, PLAVODU, KODUNGANOOR.P.O, VATTIYURKAVU, THIRUVANANTHAPURAM-695013., PIN - 695013 BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695033., PIN - 695033 2THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH DIVISION KERALA WATER AUTHORITY, THIRUVANANTHAPURAM, PIN – 695033 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY JOSHY VV ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -115- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -116- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1018 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 7719/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` P DILEEP, AGED 53 YEARS RESIDING AT, DILEEP BHAVAN, KADAKAVOOR, THIRUVANANTHAPURAM ., PIN - 695306 BY ADV V.PREMCHAND ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** ``` 1THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695033 2THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY ALAPPUZHA DISTRICT., PIN – 688001 ``` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30.05.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -117- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1036 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 7709/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/WRIT PETITIONER:`** ``` P DILEEP, AGED 53 YEARS DILEEP BHAVAN, KADAKAVOOR, THIRUVANANTHAPURAM., PIN - 695306 ``` ``` BY ADV V.PREMCHAND ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** ``` 1THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033 2THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY ALAPPUZHA DISTRICT., PIN - 688001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY BY ADV JOSHY VV ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -118- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1044 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4961/2023 DATED 24.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/WRIT PETITIONER:`** ``` VINOD KUMAR R, AGED 53 YEARS S/O BHASKARAN PILLAI,RESIDING AT KOICKALATHU HOUSE, ADINADU SOUTH,KATTILAKADAVU P O, KARUNAGAPALLY,KOLLAM DISTRICT., PIN - 690542 BY ADV V.PREMCHAND ``` ## **`RESPONDENTS/RESPONDENTS IN WP(C):`** ``` 1THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM., PIN - 695033 2THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY ALAPPUZHA DISTRICT., PIN - 688001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY BY ADV JOSHY VV ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -119- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1116 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 34875/2022 DATED 28.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` UNNIKRISHNAN NAIR B., AGED 55 YEARS S/O.BHASKARAN PILLAI, SAROVILLA, KADAVILA, VANCHIYOOR P.O, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH ``` ## **`RESPONDENT/S:`** ``` 1THE KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM- , REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695010 2THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEATH CIRCLE, KOLLAM, PIN - 691001 BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY BY ADV V.V.JOSHI ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -120- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1121 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6634/2023 DATED 21.03.2023 OF ``` ## **`HIGH COURT OF KERALA`** ## **`APPELLANT/PETITIONER:`** ``` G.SURESH AGED 56 YEARS SON OF GOPINATHAN.P, SUNITHA BHAVAN, AVANAVANCHERY POST, ATTINGAL, THIRUVANANTHAPURAM, PIN - 691103 BY ADV N.KRISHNA PRASAD ``` ## **`RESPONDENTS/RESPONDENTS 1 TO 3 IN THE WRIT PETITION:`** - `1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM POST, THIRUVANANTHAPURAM, PIN - 695033` - `2 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM POST, THIRUVANANTHAPURAM, PIN - 695033` - `3 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, JALA BHAVAN, VELLAYAMBALAM POST, THIRUVANANTHAPURAM, PIN – 695033` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY SRI.K.V.MANOJKUMAR, SPL GP ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -121- ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -122- ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE V.G.ARUN ``` ``` MONDAY, THE 14[TH] DAY OF AUGUST 2023 / 23RD SRAVANA, 1945 WA NO. 1165 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 6031/2023 DATED 21.03.2023 OF HIGH COURT OF KERALA ``` ## **`APPELLANT/PETITIONER:`** ``` PRAJITH P V AGED 40 YEARS S/O KUNHIRAMAN M, "SREEVALSAM", PULIYANUR,, PODAVOOR.P.O, CHERUVATHUR, KASARGOD-, PIN - 671313 BY ADVS. ELDHO PAUL TESSY JOSE ``` ## **`RESPONDENTS/RESPONDENTS:`** ``` 1KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 ``` - `2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR -, PIN – 670012` ``` BY ADV. P.M.JOHNY ADV. GEORGIE JOHNY ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.06.2023, ALONG WITH WA.725/2023 AND CONNECTED CASES, THE COURT ON 14.08.2023 DELIVERED THE FOLLOWING: ``` ## **`WA NO. 725 OF 2023 & CON.CASES`** ``` -123- ``` ## **JUDGMENT** ``` [WA Nos.725/2023, 717/2023, 755/2023, 760/2023, 761/2023, 768/2023, 774/2023, 775/2023, 778/2023, 780/2023, 781/2023, 784/2023, 785/2023, 786/2023, 788/2023, 793/2023, 797/2023, 799/2023, 801/2023, 802/2023, 803/2023, 804/2023, 808/2023, 809/2023, 810/2023, 815/2023, 821/2023, 829/2023, 833/2023, 834/2023, 841/2023, 842/2023, 847/2023, 853/2023, 857/2023, 861/2023, 862/2023, 864/2023, 865/2023, 870/2023, 871/2023, 872/2023, 873/2023, 875/2023, 876/2023, 879/2023, 889/2023, 890/2023, 892/2023, 894/2023, 897/2023, 898/2023, 899/2023, 902/2023, 905/2023, 907/2023, 908/2023, 909/2023, 915/2023, 920/2023, 923/2023, 932/2023, 935/2023, 936/2023, 937/2023, 938/2023, 948/2023, 950/2023, 951/2023, 954/2023, 973/2023, 985/2023, 991/2023, 992/2023, 1018/2023, 1036/2023, 1044/2023, 1116/2023, 1121/2023, 1165/2023] ``` ## **A.J.DESAI, C.J.** The different group of appeals relating to tender notices issued by the respondent Kerala Water Authority (hereinafter referred to as “KWA”) and subsequent events involving a common issue, are taken up for hearing. Though judgments have been delivered by the learned Single Judge in different writ petitions on different dates, the appeals came to be admitted in the month of April 2023. While passing interim orders in the writ appeals, it was observed that the respondent ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -124- ``` KWA shall insist for Additional Performance Guarantee only in the manner prescribed in the Government Orders referred to in the Notice Inviting Tenders (‘NIT’ for short). The short facts arising from the appeals are as under: 2. The KWA invited tenders from bidders for different types of Jal Jeevan Mission (JJM) and other works, which mainly requires the laying of PVC pipes etc, for providing water connection to households in different areas. The tenders were published between the months of September 2022 to December 2022 and in some cases, in January 2023 also. Along with the tender notices, the KWA had published Probable Amount of Contract (PAC) as well as the terms and conditions of the contract, which would be binding on the parties if the bid is accepted. The issue in the present group of appeals is with regard to the furnishing of Additional Performance Guarantee which is referred to in Clause No.7.21.1 of the NIT, under the head “Execution of Agreements”. In the said clause, different Government Orders have been referred to and as per the said orders, the bidders were supposed to provide Additional Performance Guarantee. After completion of the bidding process, the appellants were informed about the acceptance of their bids. As per the prevailing provisions, the bidders were ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -125- ``` supposed to deposit Performance Security and furnish Additional Performance Guarantee, if the offer made by the bidders is less than the Tendered Probable Amount of Contract (hereinafter referred to as “TPAC”). When the appellants tried to execute the contract consequent to their selection, they were served with a communication by the KWA, informing that the contractor is supposed to furnish Additional Performance Guarantee in view of the Government Order dated 07.12.2019, issued by the Finance (Industries and Public WorksB) Department, by which it was decided that Additional Performance Guarantee shall be levied on each item of the bid offered by the contractor. Being aggrieved with the direction to provide Additional Performance Guarantee based on item wise computation, the appellants challenged the condition before the learned Single Judge by filing the captioned writ petitions. 3. The respondents filed their counter and opposed the writ petitions. Learned Single Judge, mainly relying upon the order dated 07.12.2019, which compelled the bidders to provide Additional Performance Guarantee item wise, dismissed the writ petitions. Hence these appeals. 4. Learned Advocate appearing for the appellants, submitted ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -126- ``` that the learned Single Judge has committed error by relying only on the Government Order dated 07.12.2019, which was not part of the tender notice. By taking us through the tender notice and particularly Clause 7.21.1, he would submit that the KWA has referred two Government Orders dated 28.09.2015 and 29.08.2016, which deals with performance guarantee and another order dated 10.01.2019 by which the Government has decided to demand for Additional Performance Guarantee if the bid amount is below 10% of the TPAC. He would submit that, as per the Government Orders, which were again clarified by the order dated 10.01.2019, the bidder was not liable to provide any Additional Performance Guarantee if the amount is within 10% of the TPAC. He would further submit that the KWA is heavily relying upon the Government Order dated 07.12.2019, by which the Finance Department has clarified as to how the Additional Performance Guarantee shall be provided and it should be item wise. It was submitted that the KWA, while issuing the tenders, had not referred the order dated 07.12.2019 in the tender notice and therefore, none of the appellants were aware about the order passed by the Government of Kerala, which is adopted by the KWA. He would further submit that, even while issuing the tender notice, KWA had ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -127- ``` neither mentioned about the exact price of each item nor published any information with regard to the rate that would be made applicable for each item. As this crucial information was lacking, each appellant had offered the price calculating as a whole and had quoted the rates against the price expected for the contract. 5. By taking us through the concerned communication, by which the offer of the appellants was accepted, it is submitted that it has been specifically stated therein as to whether the rate is above TPAC or below TPAC. There is no reference at all in the order that the contractor would be liable to pay any Additional Performance Guarantee based on item wise consideration of their offers. Subsequent there to, each of the appellants were served with the communication to provide Additional Performance Guarantee along with the details about the rates fixed by the KWA and calculating the difference of percentage whether it is above or below TPAC, which is never known to any of the appellants. He would submit that it is an undisputed fact that the tender was invited fixing the PAC against which each of the appellants had made their offers. He would submit that it is a well established principle of law and decided by a catena of decisions of the Hon’ble Apex Court that when a public body is ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -128- ``` inviting tenders, all details should be reflected in the tender notice itself. By relying upon the decision of the Hon’ble Apex Court in _**Suresh Kumar Wadhwa vs State Of Madhyapradesh 2017**_ _**(16) SCC 757**_ , he would submit that it has been categorically held that the tender notice inviting bidders must quote those terms and conditions which would be binding on the parties to the contract. It is the duty of the public functionaries to make sure that before entering into the contract, parties/bidders are made aware of their rights, obligations and liabilities to each other and also of the consequences in the event of their non compliance. It is submitted that in the tender notice, there was reference to only two orders dated 28.09.2015 and 29.08.2016. By taking us through those two orders, he would submit that there is no reference at all about Additional Performance Guarantee to be given by the bidder for each item. Even the 3[rd] letter referred to in the tender notice dated 10.01.2019, provides for furnishing only Additional Performance Guarantee only if the amount is lower than TPAC, that too below 10%. The order dated 07.12.2019, which has been heavily relied upon by the respondents, was not at all referred in the tender notice and therefore, the same would not be binding on the present appellants. He would submit that if the said ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -129- ``` order as well as the exact price of each item was referred to in the tender notice like the other two orders, each appellant would have made their offer for each item separetely. Therefore, the demand subsequently made is contrary to law and required to be quashed and set aside. Subsequent correspondence after entering into the contract also cannot be accepted and in support of the said contention, learned Advocate for the appellant relied upon the decision of the Hon’ble Apex Court in _**Delhi Development Authority and Another v. Joint Action Committee, Allottee of SFS Flats and Other ( 2008) 2 SCC 672**_ . He would submit that it has been held by the Hon’ble Apex Court that a party to the contract cannot, at a later stage and while the contract was being performed, impose terms and conditions which were not part of the offer and which are based upon some office orders. Learned Advocate also relied upon the decision of this Hon’ble Court in _**Ramesan P. and Another v. T. Asokan and Others 2018 (5) KHC 189**_ and submitted that, if the terms and conditions of the contract are not expressed or disclosed in the tender notice and there is no disclosure of relevant information, the successful bidder cannot subsequently be asked to fulfill the conditions which were not disclosed at the time of issuing tender ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -130- ``` notice. Learned Advocate appearing for the appellant would submit that, while admitting the appeals, a Division Bench of this Court had granted permission to continue the works awarded to the appellants and in most cases more than half of the work is completed and in such circumstances, the order or direction issued by the KWA to furnish Additional Performance Guarantee is liable to be quashed and set aside. He made it clear that in some of the appeals, the bidders had offered amount above the TPAC and therefore, there is no question of giving Additional Performance Guarantee. He would further submit that the demands for Additional Performance Guarantee when the amount is within 10% of TPAC are required to be quashed and set aside. However, it is also specifically stated that in cases where the amount offered by the appellants is between 11% to 25%. i.e., as per the order dated 10.01.2019, they are ready to supply Additional Performance Guarantee. i.e., the amount x-10%. Therefore it is submitted that the appeals be allowed. 6. On the other hand, learned Advocate Sri. Georgie Johny, appearing for the KWA supported the decision of the learned Single Judge. He would submit that in the tender notice which deals with the Additional Performance Guarantee under Clause 7.21, two ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -131- ``` Government Orders dated 28.09.2015 and 29.08.2016 have been referred, and relying upon the above said two orders, Government had issued the order dated 07.12.2019, in which, it has been categorically stated that the bidder shall be liable to pay Additional Performance Guarantee for each item of work calculated as referred in the said order and particularly, in paragraph No.3. Accordingly, the bidders were supposed to offer the rates for each item and therefore, the appellants were bound by the said order when they have offered and quoted the rate, item wise. He would submit that the appellant cannot claim that they were not aware of the basic rates for each item for which the work was to be carried out in connection with the tender, to which the appellants had offered their bid. He would submit that each bidder was asked to supply Additional Performance Guarantee by comparing the rates of each item with the rate fixed by a committee constituted for the said purpose. The rates decided by the committee was published in the website stating that the same rate would be applicable as and when the tenders are issued and therefore, they were aware about the basic rates of each item and the appellants ought to have offered accordingly and should have provided the Additional Performance Guarantee. ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -132- ``` 7. By taking us through the orders impugned in the writ petitions, he would submit that the KWA asked each bidder to supply Additional Performance Guarantee by issuing details and rates of each item, which were decided by the committee and published in the website. He therefore would submit that it is presumed that all bidders were aware about the intention of the KWA while inviting tenders and the conditions that would be applicable at the time of finalizing the bids submitted by all concerned. He would submit that, immediately after accepting the bids, clarifications were issued relying upon the order dated 07.12.2019, comparing the item wise basic amount to make their offers and therefore, now the appellants cannot say that they were not aware about the requirement of furnishing Additional Performance Guarantee. He therefore would submit that the learned Single Judge has committed no error in relying upon the order dated 07.12.2019 and therefore, the appeal be dismissed. 8. Learned Government Pleader has adopted the arguments advanced by the learned Advocate for the KWA. 9. We heard the learned Advocates appearing for the respective parties and perused the impugned judgments passed by the learned Single Judge. ``` WA NO. 725 OF 2023 & CON.CASES ``` 10. The tenders have been issued on different dates and the Clause with regard to Additional Performance Guarantee reads as under: 7.21.1……………………. ## ADDITIONAL PERFORMANCE GUARANTEE (I) The provisions contained in the G.O(P) No.429/15/Fin dated 28/09/2015 & G.O(P) No.124/2016/Fin dated 29/08/2016 in the matter of performance guarantee that a) If the quoted rate for work is below 75%, of tendered PAC, it will be rejected. b) If the rate quoted by the contractor is between 10% below estimate amount (the quoted rate being x% below the estimate amount), the contractor will remit additional performance guarantee for an amount equal to (x-10)% of the estimate amount. As per GO(P) No.1/2019/Fin Dtd. 10.01.2019 50% of additional percentage guarantee shall be in the form of Treasury Fixed Deposit and rest in the form of Guarantee issued from any Nationalized Bank/Scheduled Bank/Kerala Financial Corporation or any other forms prescribed in Kerala PWD Manual. Additional Performance ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -134- ``` Guarantee shall be collected before executing the Agreement in the same form as Performance Guarantee and may be released while passing the final contract bill. 7.12.2. …………………. 11. If the Government Order dated 28.09.2015, which is referred herein above is perused, the same reads as under: ## i) Performance Guarantee Performance Guarantee, the amount collected at the time of executing contract agreement, will be 5% of the contract value (agreed PAC) and the deposit will be retained till the expiry of Defect Liability Period. At least fifty percent (50%) of this deposit shall be collected in the form of Treasury Fixed Deposit and the rest in the form of Bank Guarantee or any other forms prescribed in the revised PWD Manual. ## ii) Additional Performance Guarantee Additional Performance Guarantee is the additional amount to be deposited for unbalanced price ie, for works quoted below estimate rate. The collection of additional deposits is a disincentive to the bidder who offers to execute a work below estimated rate and this will ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -135- ``` induce the contractor to quote a rate equal to or higher than estimated rate. Government therefore decided to do away with additional performance guarantee for all works quoted below upto 10% of the estimate rate. Additional Performance guarantee will be required if works quoted between 11% to 25% below estimate rate. 12. If we scrutinize the Clause with regard to Additional Performance Guarantee, the bidder who succeeded in his offer is not required to furnish any Additional Performance Guarantee if the quoted rate is within 10% of the estimate rate provided by the authority, whereas Additional Performance Guarantee will be required if the rate quoted is between 11% to 25% below the estimate rate, which was subsequently modified by another letter dated 03.02.2016, referring to the earlier order dated 28.09.2015, and reads as under: 2. Now doubts have been arisen as to whether additional performance guarantee need be collected in case of works having quoted rates between 10% and 11% below estimate rates. The clarifications were also sought as to whether exemption allowed upto 10% below estimate rate need be applied to rates quoted between 10% and 25%. Accordingly the position is ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -136- ``` clarified as follows. _**“Accordingly performance guarantee will be required in all cases where quoted rate falls below 10% of the estimate cost but the maximum permissible lower limit is 25% below the estimated cost. The 10% standard exemption will be applicable to all estimates quoted below estimate cost upto 25%. If the rate quoted by the contractor is “x%” below estimate cost (where x lies above 10% and upto**_ _**25%) the performance guarantee for an amount equal to (x-10)% of the estimate amount shall be obtained from the contractor”**_ 13. As per the above clarification, if the amount is between 10 to 25% below the estimate cost, the successful bidder has to give Additional Performance Guarantee for the amount offered – 10%. That means, if the amount is below 12% or 13.5 %, the bidder would be liable to pay 12 to 10% or 13.5 to 10% as Additional Performance Guarantee. By another order dated 10.01.2019, the earlier Clause as mentioned in the order dated 29.08.2016, was allowed to continue. However, the successful bidder was made liable to furnish 50% of the ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -137- ``` Additional Performance Guarantee in the form of Treasury Deposit and rest in the form of Guarantee issued by any Nationalized Bank or Scheduled Bank or Kerala Financial Corporation or any other form prescribed in the Kerala PWD Manual. As quoted hereinabove, in each tender, only three orders with respect to the Additional Performance Guarantee has been referred. However, there is no reference at all with regard to the order dated 07.12.2019 passed by the Government of Kerala (Finance & Industries) Department, which has been adopted by the KWA in the tender, by which, it was decided to ask for Additional Performance Guarantee item wise. The bidders who participated in the tender process were never informed that the order dated 07.12.2019, which has been adopted by the KWA, would be applicable as far as furnishing of Additional Performance Guarantee is concerned. By passing some orders, without any specific reference with regard to the above mentioned order, it cannot be said that the order would be automatically binding, when the public at large is invited to take part in the tender process, and therefore, subsequent demand of Additional Performance Guarantee cannot be accepted. The KWA ought to have disclosed in the tender notice the rates for each item as prescribed by the Government authority and as ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -138- ``` adopted by the KWA. No such reference has been made in any of the tender notices and therefore, the submission that certain rates published in the website, would be applicable for the tenders floated by the KWA cannot be accepted. Hence, these submissions require to be discarded. 14. It is pertinent to note that, in each case, the authority has accepted that the offer made by the successful tenderor was either below or above 10% of TPAC. The contention that, in cases where the quote was below 10%, only for the first time the authority came with a reference to order dated 07.12.2019, in our view, is sustainable. We also appreciate the submission made by the learned Advocate for the appellant that, having found an omission in incorporating the relevant condition, now the authority has specifically disclosed about the letter dated 07.12.2019, by which the authority wants Additional Performance Guarantee, in the new tenders issued. In _**Delhi Development Authority**_ (supra), the Hon’ble Apex Court has held that a party to a contract cannot, at a later stage, impose terms and conditions which were not part of the offer and which were based upon unilateral issuance of office orders. Paragraph No.62, which is relevant for our consideration, is reproduced as under: ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -139- ``` 62. It is well known principle of law that a person would be bound by the terms of the contract subject of course to its validity. A contract in certain situations may also be avoided. With a view to make novation of a contract binding and in particular some of the terms and conditions thereof, the offeree must be made known thereabout. A party to the contract cannot at a lager stage, while the contract was being performed, impose terms and conditions which were not part of the offer and which were based upon unilateral issuance of office orders, but not communicated to the other party to the contract and which were not even the subject matter of a public notice. Apart from the fact that the parties rightly or wrongly proceeded on the basis that the demand by way of fifth instalment was a part of the original Scheme, DDA in its counter affidavit either before the High Court or before us did not raise any contra plea. Submissions of Mr. Jaitley in this behalf could have been taken into consideration only if they were pleaded in the counter affidavit filed by DDA before the High Court. 15. Considering the above aspects, we allow these appeals and ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -140- ``` set aside the judgment passed by the learned Single Judge. It is made clear that the appellants would not be liable to execute the Additional Performance Guarantee, if the over all rate is below 10% of TPAC. However, the appellants would be liable to furnish Additional Performance Guarantee as per the letter dated 10.01.2019, ie, x-10%. Additional Performance Guarantee should be executed for the balance amount of work where the amount of work is above 10-25% of the TPAC. The writ appeals are allowed accordingly. ``` Sd/- ``` ``` A.J.DESAI CHIEF JUSTICE ``` ``` Sd/- V.G.ARUN JUDGE ``` ``` 16.08.2023 ``` ``` uu ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -141- ``` ## **`APPENDIX OF WA 833/2023`** ``` PETITIONER ANNEXURES Annexure-1A TRUE COPY OF THE ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Annexure-2A TRUE COPY OF THE ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -142- ``` ## **`APPENDIX OF WA 834/2023`** ## `PETITIONER ANNEXURES` ``` Annexure-1A TRUE COPY OF THE ORDER IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM DATED 5-4-2023 Annexure-2A TRUE COPY OF THE ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -143- ``` ## **`APPENDIX OF WA 841/2023`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF NOTICE DATED 04/04/2023 ISSUED BY THE 2ND RESPONDENT FOR DEPOSITING ADDITIONAL PERFORMANCE GUARANTEE ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -144- ``` ## **`APPENDIX OF WA 871/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-1A TRUE COPY OF THE INTERIM ORDER IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM DATED 5-4- 2023 ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER IN W.P(C).NO.6265/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM DATED 23-2-2023 ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -145- ``` ## **`APPENDIX OF WA 872/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -146- ``` ## **`APPENDIX OF WA 873/2023`** ``` PETITIONER ANNEXURES Annexure1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -147- ``` ## **`APPENDIX OF WA 875/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -148- ``` ## **`APPENDIX OF WA 876/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -149- ``` ## **`APPENDIX OF WA 890/2023`** ``` PETITIONER ANNEXURES Annexure-1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 23023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -150- ``` ## **`APPENDIX OF WA 899/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKLULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -151- ``` ## **`APPENDIX OF WA 920/2023`** ``` PETITIONER ANNEXURES Annexure A-1 ``` ``` A TRUE COPY OF THE COMMUNICATION DATED 25.04.2023 ISSUED BY THE 2ND RESPONDENT TO THE APPELLANT ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -152- ``` ## **`APPENDIX OF WA 932/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P.(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -153- ``` ## **`APPENDIX OF WA 935/2023`** ``` PETITIONER ANNEXURES Annexure A1THE COPY OF NOTICE DATED 23.04.2023 ISSUED BY THE 2ND RESPONDENT TOT THE APPELLANT/PETITIONER Annexure A2THE COPY OF INTERIM ORDER PASSED BY THIS HONORABLE COURT IN WRIT APPEAL NO. 725 OF 2023 DATED 05.04.2023 ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -154- ``` ## **`APPENDIX OF WA 938/2023`** ``` PETITIONER ANNEXURES Annexure A1THE COPY OF NOTICE DATED 23.04.2023 ISSUED BY THE 2ND RESPONDENT TO THE APPELLANT/PETITIONER Annexure A2THE COPY OF INTERIM ORDER PASSED BY THIS HONORABLE COURT IN WRIT APPEAL NO. 725 OF 2023 DATED 05.04.2023 ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -155- ``` ## **`APPENDIX OF WA 950/2023`** ``` PETITIONER ANNEXURES Annexure-1A TRUE COPY OF THE INTERIM ORDER DATED 5-4-2023 IN W.A.NO.717 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM ``` ``` Annexure-2A TRUE COPY OF THE INTERIM ORDER DATED 23-2-2023 IN W.P(C).NO.6265 OF 2023 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -156- ``` ## **`APPENDIX OF WA 973/2023`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF BANK GUARANTEE DATED 11/04/2023 BY FEDERAL BANK KALPETTA BRANCH Annexure A2TRUE COPY OF TREASURY DEPOSIT RECEIPT NO: 0346046 VALID TILL 02/06/2024 Annexure A3TRUE COPY OF AGREEMENT EXECUTED ON 28.03.2023 BETWEEN THE APPELLANT AND 1ST RESPONDENT Annexure A4TRUE COPY OF ORDER DATED 05/04/2023 IN WA NO 725/2023 BEFORE THIS HON'BLE COURT ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -157- ``` ## **`APPENDIX OF WA 985/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF RELEVANT PAGES OF E-TENDER NO. 50/2022-23/SE/PHC/CHN DTD. 10.11.2022 FLOATED BY 4TH RESPONDENT Annexure A2TRUE COPY OF LETTER DTD.10.05.2023 SUBMITTED TO 4TH RESPONDENT ``` ## **`WA NO. 725 OF 2023 & CON.CASES`** ``` -158- ``` ## **`APPENDIX OF WA 991/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF NOTICE DATED 08.05.2023 ISSUED BY THE 2ND RESPONDENT DEMANDING ADDITIONAL PERFORMANCE GUARANTEE ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -159- ``` ## **`APPENDIX OF WA 992/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF THE NOTICE DATED 08/05/2023 ISSUED BY THE 2ND RESPONDENT ``` ``` WA NO. 725 OF 2023 & CON.CASES ``` ``` -160- ``` ## **`APPENDIX OF WA 1116/2023`** ## `PETITIONER ANNEXURES` ``` Annexure A1THE COPY OF ORDER NO.KWA/PHC/Q/E1/7834/2022 DATED 31.5.2023 ISSUED BY THE 2ND RESPONDENT Annexure A2THE COPY OF INTERIM ORDER PASSED BY THIS HONORABLE COURT IN WRIT APPEAL NO.935/2023 DATED 12.5.2023 ```