Lukman T vs Kerala Water Authority

WP(C) No.15296/2022                            1/3




                            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT
                             THE HONOURABLE MR. JUSTICE GOPINATH P.
                      Friday, the 6th day of May 2022 / 16th Vaisakha, 1944
                                   WP(C) NO. 15296 OF 2022(J)
   PETITIONER:

          LUKMAN T., AGED 41 YEARS, S/O. SAIDALIKUTTY T, THAMARASSERY HOUSE,
          CHENGOTTOOR (PO),MALAPPURAM 676 503

   RESPONDENTS:

      1. KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR,
         JALABHAVAN, THIRUVANANTHAPURAM 695 033
      2. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,
         PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, KALMANDAPAM, PALAKKAD
         678 001

        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 staying the operation of condition of imposing
   Rs. 1,08,18,500(Rupees one crore eight lakhs eighteen thousand five
   hundred only) as Additional Performance Guarantee in Ext.P2 and P4,
   pending disposal of this W.P.(C) in the interest of justice.
        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.JOBY JACOB PULICKEKUDY & ANIL GEORGE, Advocates for the petitioner and
   of STANDING COUNSEL for respondents, the court passed the following:-




        P.T.O.
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                                       GOPINATH P., J.
                                    -------------------------------
                                    W.P.(C) No.15296 of 2022
                                 --------------------------------------
                                 Dated this the 06th day of May, 2022



                                             ORDER

Admit.

2. Standing counsel takes notice for respondents.

3. In view of the judgment of this court in W.P (C) No.2558 and 4140/2022, there will be an interim order in this writ petition directing the respondents to permit the petitioner to execute agreements without insisting on providing Additional Performance Guarantee, provisionally and subject to the outcome of the writ petition.

Sd/-

GOPINATH P.

                                                            JUDGE
           Skk/6.5.22




06-05-2022                          /True Copy/                              Assistant Registrar
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                       APPENDIX OF WP(C) 15296/2022
Exhibit P2            WORK ORDER ISSUED BY THE 2ND RESPONDENT DATED
                      10-02-2022
Exhibit P4            LETTER ISSUED BY THE 2ND RESPONDENT DATED 01-04-2022