Chicago Constructions ... vs Kerala Water Authority
2022 Latest Caselaw 11225 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY,THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                  WP(C) NO. 39024 OF 2022
PETITIONER:
          CHICAGO CONSTRUCTIONS INTERNATIONAL PVT.LTD.,
          TC NO.9/1996(4-5), CHITHIRA LANE, KOCHAR ROAD,
          SASTHAMANGALAM, THIRUVANANTHAPURAM-695010
          REPRESENTED BY ITS MANAGING DIRECTOR,
          S.MOHANA KUMAR.
          BY ADVS.
          N.KRISHNA PRASAD
          P.SHANES METHAR
          DEEPAK VARUGHESE MATHEW
RESPONDENTS:
    1     KERALA WATER AUTHORITY,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          OBSERVATORY HILLS, THIRUVANANTHAPURAM-695 033.
    2     THE CHIEF ENGINEER, KERALA WATER AUTHORITY,
          OBSERVATORY HILLS, THIRUVANANTHAPURAM-695 033.
    3     THE SUPERINTENDING ENGINEER,
          P.H.CIRCLE, KERALA WATER AUTHORITY,
          THIRUVANANTHAPURAM-695033.
    4     THE EXECUTIVE ENGINEER,
          PROJECT DIVISION, KERALA WATER AUTHORITY,
          THIRUVANANTHAPURAM- 695 033.
    5     ATAL MISSION FOR REJUVENATION AND URBAN
          TRANSFORMATION, STATE MISSION MANAGEMENT UNIT,
          AMRUT-KERALA, 4TH FLOOR, MEENAKSHI PLAZA, ARTECH
          BUILDING, OPPOSITE GOVT. HOSPITAL FOR WOMEN &
          CHILDREN, THYCAUD, TVM -695014 REPRESENTED BY ITS
          DIRECTOR.
          BY SRI.P.M.JOHNY, SC FOR KWA


     THIS WRIT   PETITION (CIVIL)    HAVING COME    UP FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) No.39024 OF 2022
                                         2


                         V. G.ARUN, J.
           ===========================
                   WP(C) No. 39024 of 2022
           ============================
           Dated this the 2nd day of December, 2022

                                  JUDGMENT

The petitioner has awarded the work "Design, construction,

trial running, commissioning and maintenance of 75 mld Water

Treatment Plant with Plate Settler Technology (lamella),

supplying and laying 1000 mm MS Raw Water, Clear Water

Pumping mains and inter connections with existing pipelines,

Supplying and installation of submerged centrifugal and

centrifugal Raw water and Clear Water Pump sets, Construction

of BPT, connecting existing and new BPT, Supplying and erection

of Transformers, substation building providing screens at intake,

providing MS supports in existing pipeline bridge at Aruvikkara,

installation of SCADA system for functioning of entire WTP

components and allied works with full automation by the Kerala

Water Authority", is under the AMRUT Scheme. Petitioner

completed the work on 08.02.2021 and Ext.P3 completion

certificate was issued on 15.03.2021. Thereafter, the petitioner

raised its final bill. The petitioner's grievance is that, in spite of

completing the work to the satisfaction of all concerned, the

final bill amount is not paid.

WP(C) No.39024 OF 2022

2. Heard, learned Counsel for the petitioner and learned

Standing Counsel.

3. Learned Counsel for the petitioner submitted that the

petitioner has submitted Ext.P4 representation highlighting its

grievances.

4. Learned Standing Counsel assured that the 2 nd

respondent will consider the representation and depending on

the decision taken, the amount due to the petitioner will be paid

as per priority.

The writ petition is accordingly disposed of directing the 2nd

respondent to take up Ext.P4 representation and take a

reasoned decision thereon, after affording an opportunity of

hearing to the petitioner's representative. The decision shall be

taken at the earliest so that the eligible amount can be paid

within an outer limit of 6 months.

Sd/-

V. G. ARUN JUDGE nk WP(C) No.39024 OF 2022

APPENDIX OF WP(C) 39024/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE INVITING TENDER (NIT) - VOL.I.

Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 4.6.2018.

Exhibit P3 TRUE COPY OF COMPLETION CERTIFICATE DATED 15.03.2021.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 02.08.2022 SUBMITTED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR, KERALA WATER AUTHORITY.

Exhibit P5               TRUE COPY OF THE COMMUNICATION DATED
                         16.03.2021   ISSUED    BY    THE   THIRD
                         RESPONDENT.
Exhibit P6               TRUE COPY OF THE COMMUNICATION DATED
                         17.03.2022   ISSUED   BY    THE   FOURTH

RESPONDENT TO THE THIRD RESPONDENT.