Meethiyan T.A vs Kerala Water Authority
2021 Latest Caselaw 11144 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.1560 OF 2021(T)


PETITIONER:

               MEETHIYAN T.A, AGED 54 YEARS
               S/O AHAMMED, THANDAKKALA HOUSE,
               CHENGARA, PATTIMATTOM P O, ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.JOBY JACOB PULICKEKUDY
               SRI.ANIL GEORGE

RESPONDENTS:

      1        KERALA WATER AUTHORITY
               REPRESENTED BY THE MANAGING DIRECTOR,
               JALABHAVAN, THIRUVANANTHAPURAM-695033.

      2        THE EXECUTIVE ENGINEER
               OFFICE OF THE EXECUTIVE ENGINEER,
               P H DIVISION, KERALA WATER AUTHORITY, ALUVA-670012.

      3        THE EXECUTIVE ENGINEER
               OFFICE OF THE EXECUTIVE ENGINEER,
               PWD ROADS DIVISION, MUVATTUPUZHA,
               ERNAKULAM.

      4        THE ASSISTANT ENGINEER
               PWD ROADS SUB DIVISION,
               PERUMBAVUR, ERNAKULAM-683542.

      5        *ADDL. R5
               THE CHIEF PROJECT EXAMINER, KIIFB.
               (ADDL. R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED
               23.02.2021.

               BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

OTHER PRESENT:

               SMT.VINITHA.B, GP
               SRI.V.G.ARUN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1560 OF 2021(T)

                                   2




                         J U D G M E N T

Petitioner was awarded the work of "KIFB Budget

Work 2016-17 -Improvements to Mannoor Ponjassery

Road-Utility Shifting-Replacing existing pipeline in

Vengola Junction to Kunnathusserry Temple Road in

Vengola Panchayath". Based on which Ext.P1 agreement

was executed as early as on 03.03.2020. Petitioner

submits that even though he procured the entire

quantity of pipes, the pipe could not be laid in the

absence of permission from the PWD. Even though

petitioner had submitted representation requesting

for expediting the proceedings to enable him to carry

out the work, there was no positive action. It is

stated that petitioner therefore submitted a

representation Ext.P6 before the second respondent

requesting to relieve him from the contract. It is

stated that the Water Authority could not get the

permission from the PWD for cutting the road for WP(C).No.1560 OF 2021(T)

lying the pipe.

2. The 3rd respondent filed a statement in

which it is stated as follows in paragraph 6:

"As per the site inspection of KIIFB Chief Project Examiner, Project Engineer and Technical resource centre Engineer with PWD Executive Engineer and Assistant Executive Engineer on 09.03.2020, it was directed to conduct the road work as per the KIIFB guidelines. As per KIIFB guidelines, minimum ROW of this road was 10m, with 5.50m carriage way and 0.75m paved shoulder on both sides. But in this road from Ch.6/500 to 9/000., there are many portions having limited land width. This matter was informed to the inspection team and they gave the direction to submit an additional proposal from Ch.6/500 to 9/000 including land acquisition with strengthening quantities as per the geometric design from KIIFB. Utility work should be done after acquiring 10m ROW. PWD work is also pending in this road from Ch.6/500 to 9/000 because of limited land width, hence an estimate with land acquisition with improvement work was also submitted KIIFB to for sanction. But approval from KIIFB is not received till date."

3. Though the petitioner is willing to carry

out the work provided permission is obtained, it

would appear that the petitioner would not be able to

carry out the work in the near future, after getting

permission from KIIFB, PWD etc. Therefore there shall

be a direction to the second respondent to consider

and pass orders on Ext.P8 representation, after WP(C).No.1560 OF 2021(T)

affording an opportunity of hearing to the

petitioner, within a period of 'one month' from the

date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.1560 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED

03. 03.2020 SINGED BY THE PETITIONER AND THE 2ND RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 05.05.2020 GIVEN TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER DATED 11.05.2020.

EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY , PH SUB DIVISION, PERUMBAVOOR TO THE 4TH RESPONDENT DATED 13.05.2020.

EXHIBIT P5 TRUE PHOTOCOPY OF LETTER 08.06.2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 06.10.2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 08.12.2020.

EXHIBIT P8 TRUE PHOTOCOPY OF LETTER DATED 29/12/2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE PHOTOCOPY OF LETTER ISSUED BY THE ASSISTANT EXECUTIVE, KERALA WATER AUTHORITY, PH DIVISION, PERUMBVAOOR TO THE PETITIONER DATED 4.01.2021.

RESPONDENTS' EXHIBITS:

ANN.R3(A) TRUE COPY OF THE KIIFB GUIDELINES.