MANUAL THOMAS Vs. STATE

JUDGEMENT

(1.) Construction of the new Legislative Assembly Complex, conceived as early as 1978, and costing over six hundred lakhs, is now entrusted to a State Public Sector Undertaking, the Kerala State Construction Corporation, in preference to two private firms. Aggrieved, the two firms approached this Court under Art.226 of the Constitution in two separate writ petitions. The writ petitions were dismissed in limine by two learned Judges, holding that there is no legal grievance for redressal under Art.226 in this claim, essentially contractual in nature. These two appeals have been filed against these two decisions.

(2.) Initially, we issued notice to the respondents regarding admission of the writ appeals with a direction to the State to furnish, in particular, information as to whether the Construction Corporation was given the contract pursuant to any policy decision of the Government and if so, relevant materials along with the reasons that persuaded the Government to adopt such policy should be made available to the Court. Pursuant to this notice, the State and the Construction Corporation appeared and filed counter affidavits and produced relevant material. It was necessary to allow the appellants to file fresh affidavits and produce additional documents in support of their stand. In the circumstances, we decided to admit the appeals and hear both the parties. We have heard the counsel on both sides and allowed them to file the necessary affidavits and documents in support of their rival contentions. The facts that emerge from the pleadings and materials available before this Court are these.

(3.) In 1978, the Government decided to set up a separate complex to house the Legislative Assembly and the Speaker was of the view "that the construction of the Complex should rest in a body responsible to the Legislature"and that all stages of construction should rest with that committee. The then Chief Minister agreed with this suggestion and on 24-8-1978, the Speaker, Kerala Legislative Assembly constituted a committee of 11 persons "to consider and take decisions on all matters relating to the construction of the new Legislative Assembly Complex proposed to be constituted"and ordered that the expenditure on this account was to be debited to the State Legislature. The Committee consisted of the following persons :-