Kerala High Court
M/S Midland Engineering And ... vs Kerala Water Authority on 5 April, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12446 OF 2024
PETITIONER:
M/S MIDLAND ENGINEERING AND CONTRACTING COMPANY
REPRESENTED BY ITS MANAGING PARTNER,
VARIKODAN BUILDING, VALIYAVARAMBU ROAD,
DOWN HILL.P.O., MALAPPURAM., PIN - 676505
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:
1 KERALA WATER AUTHORITY
REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANTHAPURAM, PIN - 695010
2 THE SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
MALAPARAMBA.P.O.KOZHIKODE., PIN - 673009
3 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER,
KWA, PROJECT DIVISION, MALAPARAMBA.P.O.,
KOZHIKODE, PIN - 673009
SRI. P.M. JOHNY, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, ALONG WITH WP(C).12440/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 12446 & 12440 OF 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12440 OF 2024
PETITIONER:
M/S MIDLAND ENGINEERING AND CONTRACTING COMPANY
REPRESENTED BY ITS MANAGING PARTNER,
VARIKODAN BUILDING, VALIYAVARAMBU ROAD,
DOWN HILL.P.O., MALAPPURAM, PIN - 676505
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:
1 KERALA WATER AUTHORITY
REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANTHAPURAM., PIN - 695010
2 THE SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER,
KWA, PH CIRCLE, MALAPARAMBA.P.O.,
KOZHIKODE., PIN - 673009
3 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER,
KWA, PROJECT DIVISION, MALAPARAMBA.P.O.,
KOZHIKODE, PIN - 673009
SRI. P.M. JOHNY, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, ALONG WITH WP(C).12446/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 12446 & 12440 OF 2024
3
T.R. RAVI, J.
--------------------------------------------
W.P.(C). Nos.12446 & 12440 of 2024
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Dated this the 5th day of April, 2024
JUDGMENT
The petitioner has taken up the contract for laying pipe lines under the Kerala Water Authority ('KWA'). He has approached this Court seeking a direction to the KWA to permit them to furnish Performance Guarantee in the form of a Bank Guarantee instead of a Treasury Deposit, until the road cutting permission required for the work is obtained.
2. The contention of the petitoner is that, even though the tender conditions mandate furnishing of Performance Guarantee through a Treasury Deposit, he will seriously prejudiced since the work cannot be even commenced without the KWA obtaining the necessary Road Cutting Permits from the Public Works Department ('PWD'). The counsel relied on the judgment of the Court in WP(C) No.41254/2023, wherein this Court had granted relief. I do not find any reason to take a different view.
The writ petition is hence disposed of with the following directions:
WP(C) NOS. 12446 & 12440 OF 2024 4
(a) If the KWA is unable to obtain the Road Cutting Permit from the PWD as is required for the completion of the contract entered into with the petitioner within a period of one month from now, then the petitioner will be allowed to substitute Ext.P5 Treasury Deposit with a Bank Guarantee, pending such permission being obtained.
(b) In case of (a) above, and on the Road Cutting Permit being thereafter obtained, the competent Authority of the KWA will notify the petitioner; and they will thereupon substitute the Bank Guarantee with Cash Deposit, as per the tender notification, within a period of one week thereafter.
Sd/-/--
T.R. RAVI JUDGE Pn WP(C) NOS. 12446 & 12440 OF 2024 5 APPENDIX OF WP(C) 12446/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF TENDER NO : SE/PHC/KKD/22/2022-23 VOLUME I OF THE SECOND RESPONDENT DATED 6.9.2022 Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE INVITING TENDER VOLUME-II OF TENDER NO. SE/PHC/KKD/22/2022-23 (SCOPE OF WORK) DATED NIL Exhibit P3 TRUE COPY OF THE G.O.(MS) NO.11/ 2023/PWD DATED 14-02- 2023 Exhibit P4 TRUE COPY OF THE LETTER NO.2009/D6/2022/PHC-
KKD DATED 27.03.2023 (WORK ORDER) (WITHOUT ENCLOSURES) OF THE SECOND RESPONDENT Exhibit P5 A TRUE COPY OF THE TREASURY DEPOSIT RECEIPT NO. JL 0568061 DATED 07.12.2023 ISSUED FROM DISTRICT TREASURY; MALAPPURAM Exhibit P6 TRUE COPY OF THE AGREEMENT NO. SE/PHC/ KKD/ 67 / 2022 - 23 DATED 28.03.2023 (WORKS CONTRACT) Exhibit P7 A TRUE COPY OF THE LETTER NO. PDK/KKD/D1/JJM-
PH2/2009/WTP/2022-23 DATED 18.03.2024 OF THE THIRD RESPONDENT Exhibit P8 A TRUE COPY OF THE LETTER NO. MIDLAND/JJM-
PHASE-II-PERUVANNAMUZHI/NO. 1158/2024 DATED 19.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 11.01.2024 IN W.P.(C) NO. 41254 OF 2023 Exhibit P10 TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT NO: PDK/KKD/D1/JJM -PH2/ 2009/WTP/2022-23 DATED: 4.04.2024 ADDRESSED TO THE PETITIONER WP(C) NOS. 12446 & 12440 OF 2024 6 APPENDIX OF WP(C) 12440/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF TENDER NO : SE/PHC/KKD/21/2022-23 DATED 13.09.2022 VOLUME I OF THE SECOND RESPONDENT Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE INVITING TENDER VOLUME - II OF TENDER NO. SE/PHC/KKD/21/2022-23 (SCOPE OF WORK) DATED NIL Exhibit P3 TRUE COPY OF THE G.O.(MS) NO.11/2023/PWD DATED 14-02- 2023 Exhibit P4 TRUE COPY OF THE LETTER NO.1993/D6/2022/PHC-
KKD DATED 27.03.2023 (WORK ORDER) OF THE SECOND RESPONDENT Exhibit P5 A TRUE COPY OF THE TREASURY DEPOSIT RECEIPT NO. JL 1400081 DATED 27.03.2023 ISSUED FROM DISTRICT TREASURY; MALAPPURAM Exhibit P6 TRUE COPY OF THE AGREEMENT NO. SE/PHC/ KKD/ 68 / 2022 - 23 DATED 28.03.2023 (WORKS CONTRACT) Exhibit P7 A TRUE COPY OF THE LETTER NO. PDK/KKD/D1/JJM-
PH2/1993/WTP/2022-23 DATED 18.03.2024 OF THE THIRD RESPONDENT Exhibit P8 A TRUE COPY OF THE LETTER NO. MIDLAND/JJM-
CHATHAMANGALAM/NO.1157/2024 DATED 19.03.2024, SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT Exhibit P9 A TRUE COPY OFTHE JUDGMENT DATED 11.01.2024 IN W.P.(C) NO. 41254 OF 2023 WP(C) NOS. 12446 & 12440 OF 2024 7 Exhibit P10 TRUE COPY OF THE LETTER NO: PDK/KKD/D1/JJM
-PH2/ 1993/WTP/2022-23 OF THE 3RD RESPONDENT DATED: 18.03.2024 ADDRESSED TO THE PETITIONER