IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 15418 OF 2022
PETITIONER/S:
TOMCO ENGINEERING (P) LTD.
PALANATTIL, KUNNACKAL.P.O., MUVATTUPUZHA.
REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
682316
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
S.RAMESH BABU (SR.)
RESPONDENT/S:
1 KERALA WATER AUTHORITY
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.
REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
695033
2 THE CHIEF ENGINEER (SOUTHERN REGION)
KERALA WATER AUTHORITY, O/O. CHIEF ENGINEER,
THIRUVANANTHAPURAM., PIN - 695033
3 SUPERINTENDING ENGINEER (PH CIRCLE
THIRUVANANTHAPURAM)
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, THIRUVANANTHAPURAM, PIN - 695033
4 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
(KIIFB)
2ND FLOOR, FELICITY SQUARE, M G ROAD, STATUE,
THIRUVANANTHAPURAM.
REPRESENTED BYU ITS CHIEF EXECUTIVE OFFICER,
PIN - 695001
BY ADV P.M.JOHNY
OTHER PRESENT:
SC FOR KIIFB S. CHANDRASEKHARAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.15418 of 2022
-2-
JUDGMENT
Dated this the 14th day of June, 2022 The petitioner was awarded the work of 'Rehabilitation of Existing Pipe-Transmission main with MS Pipe from Peroorkada to Manvila, including inter connection and allied works, as per Ext.P2 selection notice dated 14.01.2020. The work involved procurement, supply, laying, testing and commission of pipes of various dimensions and road restoration. Accordingly, the petitioner executed Ext.P3 agreement on 05.02.2020. Although, time for completion of the work was fixed as 12 months, the site was handed over only on 11.01.2021, two days prior to the expiry of the 12 months. Immediately thereafter, the second wave of Covid-19 pandemic hit the State, resulting in another lockdown. On account of the delay, it became necessary to execute a supplementary agreement, which the petitioner did W.P.(C) No.15418 of 2022 -3- under protest. Based on the agreement, the time for completion of the work was extended up to 30.03.2022. Even thereafter, the petitioner faced lot of impediments and difficulties in executing the work. The petitioner therefore filed Ext.P7 representation requesting the third respondent to take a meaningful and pragmatic view of the circumstances and consider the rate revision proposed by the petitioner. Thereafter, a meeting was convened in the Chamber's of the third respondent on 04.02.2022. The discussions in the meeting and the decisions thereon are recorded in Ext.P8 minutes. The petitioner has a complaint that Ext.P8 does not fully appreciate the concerns raised in Ext.P7 representation and put forth during the course of the meeting. Accordingly, this writ petition is filed seeking various reliefs, include.0ing a direction to the third respondent to submit a report on the basis of the decision at Ext.P8, before the Managing W.P.(C) No.15418 of 2022 -4- Director of the first respondent within a time frame.
2. Learned Senior Counsel appearing for the petitioner submitted that, for the present, the petitioner will be satisfied with a direction to the third respondent to submit the report at the earliest. Attention is drawn to the relevant portion of Ext.P8, extracted hereunder for easy reference;
"After detailed discussion Superintending Engineer directed the contractor to complete maximum work using additional work force within the extended period. Also informed that as per NIT, price escalation could not be allowed. But the sanctioned estimate was based on DSR 2016 and the acceptable rate was 10.5% below the tendered PAC. Hence considering the apprehensions pointed out by the contractor vide points 11,12,13,15,&16,18, 19 and 20, assured that the detailed report will be submitted to higher authority for a decision due to the following reasons."
3. Heard the learned Standing Counsel for the respondents also.
W.P.(C) No.15418 of 2022 -5- Considering the limited relief sought, the writ petition is disposed of directing the third respondent to prepare a report in terms of the decisions recorded in Ext.P8 minutes and to place it before the Board of the first respondent expeditiously. Thereupon, the Board may consider the suggestions in the report and take an appropriate decision. Until then, no coercive action shall be initiated against the petitioner.
Sd/-
V.G.ARUN JUDGE Scl/14.06.2022 W.P.(C) No.15418 of 2022 -6- APPENDIX OF WP(C) 15418/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE E-TENDER- NO.47/2018-
19/KWA/PHC/D5/TVM ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE SELECTION NOTICE NO.
KWA/PHC/TVM/D5/6528/2015 DATED 14.01.2020 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE WORKS AGREEMENT NO.20/2019 DATED 05/02/2020 Exhibit P4 TRUE COPY OF THE ACKNOWLEDGMENT - SITE HANDING OVER Exhibit P5 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT NO.01/2021 DATED 19.11.2021 Exhibit P5(A) TRUE COPY OF THE LETTER DATED 19.11.2021 SUBMITTED BY THE PETITIONER Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 27.10.2021 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 9.12.2021 SUBMITTED BY THE PETITIONER Exhibit P8 TRUE COPY OF THE MINUTES OF THE MEETING DATED 4.02.2022