Citation : 2022 Latest Caselaw 4563 Ker
Judgement Date : 19 April, 2022
WP(C) No.14145/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 19th day of April 2022 / 29th Chaithra, 1944
W.P.(C) NO. 14145 OF 2022 (P)
PETITIONERS:
1. M.A.JOSE, S/O.M.K ANTHONY,AGED 52 YEARS, MECHERY HOUSE, MELUR P.O,
CHALAKKUDY, PIN 680 311
2. JOSE MERLIN, S/O.K.P SEBASTIAN,AGED 51 YEARS, KONNOTH HOUSE,
18/2368-B, THOPPUMPADY, KOCHI 682 005
3. ABDUL KADER,S/O. HAMEED,AGED 51 YEARS, THARUPEEDIKAYIL HOUSE,
VELLANKALLUR P.O, IRINJALAKKUDA, PIN 680 662
4. K.M.BASHEER, S/O.K.A MOHAMMED, AGED 47 YEARS,KARUPPANVEETTIL,
ARANKALLU, PATTIKKAD P.O, THRISSUR, PIN 680 652
5. M V PAUL, S/O. VARAPPAN,AGED 65 YEARS, MAROKKI HOUSE, APSARA
GARDENS, NELLIKUNNU, EAST FORT P.O, THRISSUR, PIN 680 005
RESPONDENST:
1. THE KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN 695 010 REPRESENTED BY ITS MANAGING
DIRECTOR
2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
CIRCLE, OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, HIGH ROAD, SAKTHAN THAMPURAN NAGAR, THRISSUR DISTRICT,
PIN 680 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order directing the 2nd respondent to permit
the petitioners to execute agreements in pursuance of exhibits P5 to P10
dispensing with the requirement of furnishing additional performance
guarantee, provisionally.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.JACOB SEBASTIAN, K.V.WINSTON & ANU JACOB, Advocates for the
petitioners and the STANDING COUNSEL for Respondents, the court passed the
following:
O R D E R
Admit. Learned Standing Counsel takes notice for all the respondents.
In view of the judgment of this Court in W.P(C)Nos.2558 and 4140 of 2022, there will be an interim order in this Writ Petition directing the respondents to permit the petitioner to execute agreements without insisting on providing Additional Performance Guarantee, provisionally and subject to the outcome of the writ petition.
Sd/- VIJU ABRAHAM, JUDGE
19-04-2022 /True Copy/ Assistant Registrar
WP(C) No.14145/2022 2/2
APPENDIX OF WP(C) 14145/2022
Exhibit P5 A TRUE COPY OF THE SELECTION NOTICE DATED 31.03.2022
RELATING TO JAL JEEVAN MISSION 2020-21 2ND SLSSC PROVIDING LINE EXTENSION AND FUNCTIONAL HOUSEHOLD TAP CONNECTION AT ORUMANAYUR PANCHAYAT ISSUED TO THE FIRST PETITIONER Exhibit P6 A TRUE COPY OF THE SELECTION NOTICE DATED 31.03.2022 RELATING TO JAL JEEVAN MISSION-KADAVALLUR PANCHAYAT-2020-21 PROVIDING FHTCS FROM ONGOING SCHEME- PHASE- III IN THRISSUR DISTRICT ISSUED TO THE 2ND PETITIONER.
Exhibit P7 A TRUE COPY OF THE SELECTION NOTICE DATED 24-03-2022 RELATING TO JAL JEEVAN MISSION 2019-21 PROVIDING FHTCS TO PUTHUR GRAMA PANCHAYAT ISSUED TO THE 3RD PETITIONER. Exhibit P8 A TRUE COPY OF THE SELECTION NOTICE DATED 24-03-2022 KATTAKAMBAL PANCHAYAT ONGOING-PROVIDING FHTCS FROM ONGOINING SCHEME-PHASE II ISSUED TO THE 4TH PETITIONER. Exhibit P9 A TRUE COPY OF THE SELECTION NOTICE DATED 31-03-2022 RELATING TO JAL JEEVAN MISSION 2020-21 -PUNAYUR PANCHAYAT-PROVIDING FHTCS FROM PAVARATTY WATER SUPPLY SCHEME ISSUED TO THE 5TH PETITIONER.
Exhibit P10 A TRUE COPY OF THE SELECTION NOTICE DATED 31-03-2022 RELATING TO JAL JEEVAN MISSION 2020-21 2ND SLSSC PROVIDING FHTCS IN CHALISSERY GRAMA PANCHAYAT ISSUED TO THE 5TH PETITIONER.
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