J & B Engineering And Construction ... vs The Kerala Water Authority
2021 Latest Caselaw 11818 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.9449 OF 2021(E)


PETITIONER:

               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
               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 AUTHORITYDISTRICTP.H.CIRCLE,
               COLLECTORATE, KOTTAYAM, PIN - 686 002

      4        THE EXECUTIVE ENGINEER,
               KERALA WATER AUTHORITY, P.H.CIRCLE,
               COLLECTORATE, KOTTAYAM, PIN - 686 002


               SRI.BENJIMIN PAUL SC.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9449 OF 2021(E)

                                         2




                                   JUDGMENT

Dated this the 09th day of April 2021

Aggrieved by Ext.P6 order terminating the

contract, the petitioner has submitted Ext.P7

representation before the 3rd respondent. The

petitioner was awarded the work of construction

of two overhead water tanks and supply of water

to Ettumanoor and adjoining villages in Kottayam

District, based on which Ext.P1 agreement was

executed. The petitioner submits that in case

some more time is granted, he would be able to

complete the work.

2. As the learned counsel for the

petitioner submits that he would be satisfied

with a direction to the 3rd respondent to

consider Ext.P7 representation.

3. The writ petition is disposed of with a

direction to the 3rd respondent to consider

Ext.P7 representation and pass orders after WP(C).No.9449 OF 2021(E)

affording an opportunity of hearing to the

petitioner within a period of three weeks from

the date of receipt of a copy of the judgment.

In the meanwhile, no coercive action shall be

taken against the petitioner.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.9449 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF AGREEMENT NO.01/SE/PHCK/2016-17 DATED 09/05/2016 AWARDED BY 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER NO.PHCK/A3/3603/2014 VOL.II DATED 01/07/2019 ISSUED BY 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER DATED 07/03/2020 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF ORDER NO.PHCK/A3/3603/2014 VOL.II DATED 03/12/2019 ISSUED BY 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF LETTER DATED 30/12/2020 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF ORDER NO.PHCK/A2/4052/A/2013 DATED 18/03/2021 ISSUED BY 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF LETTER DATED 25/03/2021 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF INTERIM ORDER DATED 30/03/2021 IN W.P.(C) NO.8430 OF 2021(C) PASSED BY THIS HON'BLE COURT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE