##PAGE1##

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN &

THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

TUESDAY, THE 1^ST DAY OF SEPTEMBER 2026 / 10TH BHADRA, 1948 WA NO. 792 OF 2026 JUDGMENT DATED 27.02.2026 ARISING FROM WP(C) NO.4162 OF 2026 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS/1 & 2 IN THE WP(C):

1 SOUTHERN RAILWAY INDIAN RAILWAY FIRST FLOOR, GCDA EASTERN ENTRY TOWER, ERNAKULAM JUNCTION REPRESENTED BY ITS CHIEF ENGINEER (CONSTRUCTION), PIN - 682016

2 CHIEF ENGINEER (CONSTRUCTION)

SOUTHERN RAILWAY, FIRST FLOOR, GCDA EASTERN ENTRY TOWER, ERNAKULAM JUNCTION,, PIN - 682016 BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA SRI. P. SREEKUMAR, ADDITIONAL SOLICITOR GENERAL OF INDIA RESPONDENTS/PETITIONER AND RESPONDENTS 3 TO 5 IN THE WP(C):

1 MARYMATHA INFRASTRUCTURE PRIVATE LIMITED AGED 54 YEARS BUILDING NO. XVII/180, MARYMATHA SQUARE, ARAKUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, REPRESENTED BY ITS DIRECTOR, SIBU CHERIAN, S/O.

MP CHERIAN, PIN - 686661

2 M/S. SVCPL-JVEA (JV), NO.30, MSK ARCADE, NADARMEDU,ERODE, TAMIL NADU, REPRESENTED BY ITS AUTHORISED OFFICER, PIN -

638002

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3 M V V SATYANARAYANA

6-1-136/3, MEHER RATNA COMPLEX, BALARAM COLONY, WALKER TOWN, SECUNDERABAD, TELANGANA, REPRESENTED BY ITS AUTHORISED OFFICER, PIN -

500025

4 SRI AVANTIKA CONTRACTORS (I) LTD

610 B NILGIRI BLOCK, ADITYA ENCLAVE, AMEERPET, HYDERABAD, TELANGANA, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 500038

5 ADDL.R5: KERALA RAIL DEVELOPMENT CORPORATION LIMITED, 5TH FLOOR, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS SECRETARY BY ADVS.

SHRI.JOMY GEORGE SHRI.BHARATH MOHAN SHRI.SANTHOSH MATHEW (SR.)

SHRI.R.PADMARAJ SRI.M.J.BENNY SHRI.SAJEEVAN V.T.

SRI.R.AJITH KUMAR [V.K.EDOM]

SMT. CHITRA N. DAS SHRI.JISTIN JOSE SHRI.ANANTHAKRISHNAN D. M. SRI. SHINTO MATHEW ABRAHAM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

17.08.2026, ALONG WITH WA.799/2026, THE COURT ON

01.09.2026 DELIVERED THE FOLLOWING:

##PAGE3##

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN &

THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

TUESDAY, THE 1^ST DAY OF SEPTEMBER 2026 / 10TH BHADRA, 1948 WA NO. 799 OF 2026 JUDGMENT DATED 27.02.2026 ARISING FROM WP(C) NO.4162 OF 2026 OF HIGH COURT OF KERALA APPELLANT/3RD RESPONDENT IN WP(C):

M/S. SVCPL-JVEA (JV), NO.30, MSK ARCADE, NADARMEDU,ERODE, TAMIL NADU, REPRESENTED BY ITS AUTHORISED OFFICER, PIN -

638002 BY ADVS.

SHRI.JOMY GEORGE SHRI.R.PADMARAJ SHRI.SAJEEVAN V.T.

SRI.M.J.BENNY SRI.R.AJITH KUMAR [V.K.EDOM]

SMT. CHITRA N. DAS SHRI.JISTIN JOSE SMT.SREEDEVI V.S.

SHRI.ARJUN S. PRAKASH SHRI.ANANTHAKRISHNAN D. M.

RESPONDENTS/PETITIONER IN WP(C) AND RESPONDENTS 1, 2, 4 AND 5:

1 MARYMATHA INFRASTRUCTURE PRIVATE LIMITED AGED 54 YEARS BUILDING NO. XVII/180, MARYMATHA SQUARE, ARAKUZHA ROAD, MUVATTUPUZHA, ERNAKULAM, REPRESENTED BY ITS DIRECTOR, SIBU CHERIAN, S/O.

##PAGE4##

MP CHERIAN, PIN - 686661

2 SOUTHERN RAILWAY INDIAN RAILWAY FIRST FLOOR, GCDA EASTERN ENTRY TOWER, ERNAKULAM JUNCTION REPRESENTED BY ITS CHIEF ENGINEER (CONSTRUCTION), PIN - 682016

3 CHIEF ENGINEER (CONSTRUCTION)

SOUTHERN RAILWAY, FIRST FLOOR, GCDA EASTERN ENTRY TOWER, ERNAKULAM JUNCTION,, PIN - 682016

4 M V V SATYANARAYANA

6-1-136/3, MEHER RATNA COMPLEX, BALARAM COLONY, WALKER TOWN, SECUNDERABAD, TELANGANA, REPRESENTED BY ITS AUTHORISED OFFICER, PIN -

500025

5 SRI AVANTIKA CONTRACTORS (I) LTD

610 B NILGIRI BLOCK, ADITYA ENCLAVE, AMEERPET, HYDERABAD, TELANGANA, REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 500038

6 ADDL.R6: KERALA RAIL DEVELOPMENT CORPORATION LIMITED, 5TH FLOOR, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS SECRETARY BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA SRI. P. SREEKUMAR, ADDITIONAL SOLICITOR GENERAL OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

17.08.2026, ALONG WITH WA.792/2026, THE COURT ON

01.09.2026 DELIVERED THE FOLLOWING:

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J U D G M E N T Dated this the 1^st day of September, 2026 Soumen Sen, C.J.

In view of co