Kerala High Court
M/S.J & B Engineering And ... vs The Kerala Water Authority on 8 April, 2021
W.P(C).No.9214/2021-B 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9214 OF 2021(B)
PETITIONER:
M/S.J & B ENGINEERING AND CONSTRUCTION COMPANY,
KUTTOOR P.O, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN-689 106
REPRESENTED BY ITS MANAGING PARTNER
K.A.ABRAHAM.
BY ADVS.
SRI.ALIAS M.CHERIAN
SRI.K.M.RAPHY
SMT.ANJALY ELIAS
SHRI.BRISTO S PARIYARAM
RESPONDENTS:
1 THE KERALA WATER AUTHORITY
HEAD OFFICE, JALABHAVAN,
KERALA WATER AUTHORITY
THIRUVANANTHAPURAM, PIN-695 033
REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE CHIEF ENGINEER SOUTHERN REGION,
HEAD OFFICE, JALABHAVAN
KERALA WATER AUTHORITY
THIRUVANANTHAPURAM, PIN-695 033.
3 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY,
P.H.CIRCLE, COLLECTORATE,
KOTTAYAM, PIN-686 002.
4 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,
P.H. CIRCLE, COLLECTORATE,
KOTTAYAM, PIN-686 002.
SRI.P.BENJAMIN PAUL, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.9214/2021-B 2
P.V.ASHA, J.
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W.P(c) No.9214 of 2021-B
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Dated this the 8th day of April, 2021
JUDGMENT
The Writ Petition is filed seeking the following reliefs:-
"I. To issue a writ of certiorari or any other appropriate writs,
directions or orders calling for the records leading upto Ext.P6/order and quash the
same.
II. To issue a writ of Mandamus or any other appropriate writs,
directions or orders directing 3rd respondent to reconsider Ext.P5/letter for
extension of time for granting 3 months time to complete the remaining work under
Ext.P1/contract.
III. To issue a writ of Mandamus or any other appropriate writs,
directions or orders directing 3rd respondent to consider Ext.P7/letter for granting
time upto 30.09.2021 to complete the remaining work under Ext.P1/agreement.
IV. Declare that in view of Covid-19 pandemic situation, the petitioner
is entitled for getting an extension of time for completing the remaining work under
Ext.P1/agreement till 30/09/2021 without imposing any fine.
V. To grant such other reliefs which are deem fit and proper in the
facts and circumstances of the case.
VI. To grant the cost of the petitioner for these proceedings from
respondents. "
2. Heard the learned Standing Counsel Sri Benjamin Paul also.
3. The learned Standing Counsel submits that in case the petitioner
undertakes that the work would be completed on or before 31.05.2021, he can be
permitted to continue the work.
4. This is recorded. The petitioner shall file an undertaking before the
3rd respondent within one week.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
A P P E N D I X
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF AGREEMENT NO.20/SE/PHCK/2014-15
DATED 13.11.2017 AWARDED BY THE RESPONDENTS.
EXT.P2: TRUE COPY OF LETTER NO.PDK-AB4-294/2015 DATED
11.7.2016 ISSUED BY 4TH RESPONDENT.
EXT.P3: TRUE COPY OF EXTRACT OF THE MINUTES OF THE
MEETING DATED 8.5.2019 CONVENED BY THE TECHNICAL MEMBER
OF KERALA WATER AUTHORITY.
EXT.P4: TRUE COPY OF LETTER NO.JBEC/2020-2021/SE/LTR
NO.11 DATED 28.07.2020 SUBMITTED BY PETITIONER BEFORE
3RD AND 4TH RESPONDENTS.
EXT.P5: TRUE COPY OF LETTER NO.JBEC/2020-2021/SE/LTR
NO.12 DATED 30.12.2020 SUBMITTED BY PETITIONER BEFORE
3RD AND 4TH RESPONDENTS.
EXT.P6: TRUE COPY OF ORDER NO.PHCK/A2/4052/A/2013 DATED
18/03/2021 ISSUED BY 3RD RESPONDENT.
EXT.P7: TRUE COPY OF LETTER NO.JBEC/MUTHOLY10MLD DATED
25.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXT.P8: TRUE COPY OF LETTER NO.JBEC/MUTHOLY10MLD
DT.25.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT.
EXT.P9: TRUE COPY OF INTERIM ORDER DT.30.03.2021 IN
WPC.NO.8430/2021(C) PASSED BY THIS HON'BLE COURT.
