Kerala High Court
Midland Engineering Contracting ... vs Kerala Water Authority on 29 June, 2022
Author: V.G.Arun
Bench: V.G.Arun
WP(C) No.20836/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
WP(C) NO. 20836 OF 2022(D)
PETITIONER:
MIDLAND ENGINEERING CONTRACTING COMPANY, VARIKKODAN BUILDING,
VALIYAPARAMBA, DOWN HILL.P.O., MALAPPURAM. PIN - 676519.REPRESENTED
BY ITS MANAGING PARTNER.
RESPONDENTS:
1. KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
695033
2. THE CHIEF ENGINEER, KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN - 673017
3. SUPERINTENDING ENGINEER, O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PH CIRCLE MALAPPURAM, MALAPPURAM., PIN - 676505
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the respondents that the execution of
agreement pursuant to Ext.P1 will be subject to the result of contentions
canvased in the WP(C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.SHANES METHAR & N.KRISHNA PRASAD Advocates for the petitioner and
Standing Counsel for the Kerala Water Authority, the court passed the
following:
WP(C) No.20836/2022 2/3
V.G.ARUN, J.
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W.P.(C)No. 20836 of 2022
=========================
Dated this the 29th day of June, 2022
ORDER
The specific contention is that, in the letter of allotment, a varied price from that quoted by the petitioner is incorporated, contrary to the procedure prescribed under the QCBS. The petitioner may hence be permitted to execute the agreement, subject to the contentions raised in this writ petition.
Heard learned Standing Counsel for the Kerala Water Authority also.
Considering that similar writ petitions are pending consideration and the interim orders passed in those cases, the petitioner is permitted to execute the agreement, without prejudice to the contentions raised in this writ petition.
Sd/-
V.G.ARUN JUDGE NB/29-6 29-06-2022 /True Copy/ Assistant Registrar WP(C) No.20836/2022 3/3 APPENDIX OF WP(C) 20836/2022 Exhibit P1 TRUE COPY OF THE WORK ORDER NO.SE/PHC/MPM/DB1/44026/2021 DATED: 14.03.2022 ISSUED BY THE 3RD RESPONDENT