Renjith M vs Kerala Water Authority
2021 Latest Caselaw 22145 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                    WP(C) NO. 16712 OF 2021
PETITIONER:

         RENJITH M.,
         AGED 37 YEARS,
         CONTRACTOR-KERALA WATER AUTHORITY,
         MADHAVAM, THADATHIKULAM,
         KANJIRAMKULAM P.O.,
         THIRUVANANTHAPURAM-695 524

         BY ADV SRI.AJITH KRISHNAN


RESPONDENTS:

    1    KERALA WATER AUTHORITY,
         REPRESENTED BY ITS MANAGING DIRECTOR,
         JALABHAVAN, VELLAYAMBALAM,
         THIRUVANANTHAPURAM-695 010
    2    THE SUPERINTENDING ENGINEER,
         KERALA WATER AUTHORITY,
         PH CIRCLE, VELLAYAMBALAM,
         THIRUVANANTHAPURAM-695 033
    3    THE EXECUTIVE ENGINEER,
         WATER SUPPLY DIVISION,
         KERALA WATER AUTHORITY, NEYYATTINKARA,
         THIRUVANANTHAPURAM-695 121
    4    THE ASSISTANT EXECUTIVE ENGINEER,
         PWD ROAD SUB DIVISION, NEYYATTINKARA,
         THIRUVANANTHAPURAM-695 121
    5    THE EXECUTIVE ENGINEER,
         PWD ROAD DIVISION,
         THIRUVANANTHAPURAM-695 033

         R1-3 BY ADV SRI.BIJILY JOSEPH
         SRI.P.BENJAMIN PAUL, SC

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 05.11.2021,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.16712/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 5th day of November, 2021

The petitioner, who is a PWD Contractor, has filed

this writ petition seeking to direct the 1 st respondent to

consider Ext.P3 and pass appropriate order extending the

time period for the execution of the work and handing over the

work site to the petitioner to complete the work at revised

rates forthwith.

2. The petitioner states that he was awarded with the

Kerala Water Authority's work "2019-20 RWSS to Ooruttukala-

Replacing the existing old and damaged 80 mm AC line with

110 mm PVC 8 Kg/cm2 pipe 650 m at Old Rajapatha Road".

The work was awarded without obtaining permission from the

Public Works Department (PWD) for Tar cutting and Beam

cutting.

WP(C) No.16712/2021

3. The 5th respondent-Executive Engineer granted

permission for Tar cutting subject to payment of ₹4,14,482/-.

However, respondents 1 to 3 have not remitted the said

amount. In the circumstances, the petitioner submitted Ext.P3

representation requesting to extend the time period for

executing the work and to allow the petitioner to carry out the

work at revised rates. Though the petitioner submitted the

representation, no decision has been taken by the 1 st

respondent-KWA so far. Hence, this writ petition.

4. I have heard the learned counsel for the petitioner,

the learned Standing Counsel for respondents 1 to 3 and the

learned Government Pleader representing respondents 4

and 5.

5. The petitioner has been awarded with the work

"2019-20 RWSS to Ooruttukala- Replacing the existing old

and damaged 80 mm AC line with 110 mm PVC 8 Kg/cm2

pipe 650 m at Old Rajapatha Road". The pleading that the

KWA has not obtained permission from Public Works

Department (PWD) for Tar cutting and Beam cutting, is not WP(C) No.16712/2021

disputed. The allegation that the 5th respondent-Executive

Engineer has granted permission for Tar cutting subject to

payment of ₹4,14,482/- and that respondents 1 to 3 have not

remitted the said amount also remains uncontroverted. In the

circumstances, this Court is of the view that the grievance

raised by the petitioner and request made as per Ext.P3

should be considered by the respondents in accordance with

law.

Hence, the writ petition is disposed of directing the

1st respondent to consider Ext.P3 representation submitted by

the petitioner within a period of two weeks and pass

appropriate orders thereon. The petitioner shall submit a copy

of the writ petition and certified copy of the judgment to the 1 st

respondent, for compliance of the direction.

Sd/-

N. NAGARESH, JUDGE

aks/06.11.2021 WP(C) No.16712/2021

APPENDIX OF WP(C) 16712/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SELECTION NOTICE NO.KWA/WSD/NTA/DB2-14741/2018, DTD 9.12.2019, ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LETTER NO.KWA/WSD/NTA/ DB2-14741/2018, DATED 23.04.2020 ISSUE BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DTD 12.4.2021 SUBMITTED BY THE PETITIONER, BEFORE THE 1ST RESPONDENT

SR