Kerala High Court
M/S.Chicago Constructions ... vs Kerala Water Authority on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 13TH DAY OF JANUARY 2022/23RD POUSHA, 1943
WP(C) NO. 30104 OF 2021
PETITIONER:
M/S.CHICAGO CONSTRUCTIONS
INTERNATIONAL PRIVATE LIMITED,
HAVING ITS REGISTERED OFFICE AT
TC 22/2703, CHITHIRA LANE, KOCHAR ROAD,
SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010,
REPRESENTED BY ITS DIRECTOR, S.MOHANA KUMAR.
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY
ITS MANAGING DIRECTOR, KERALA WATER AUTHORITY,
JALA BHAVAN, OBSERVATORY HILLS,
VELLAYAMBALAM POST, THIRUVANANTHAPURAM-695 033.
2 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY,
JALA BHAVAN, OBSERVATORY HILLS,
VELLAYAMBALAM POST, THIRUVANANTHAPURAM-695 033.
3 THE CHIEF ENGINEER, SOUTHERN CIRCLE,
KERALA WATER AUTHORITY,
JALA BHAVAN, OBSERVATORY HILLS,
VELLAYAMBALAM POST, THIRUVANANTHAPURAM-695 033.
4 THE SUPERINTENDING ENGINEER,
P.H.CIRCLE, KERALA WATER AUTHORITY,
ALAPPUZHA-688 001.
BY ADV BIJILY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.30104/2021
2
JUDGMENT
Dated this the 13th day of January, 2022
The petitioner is an 'A' Class Contractor under the
Kerala Water Authority. The petitioner is aggrieved by non-
consideration of Exts.P7 and P8 representations submitted
by the petitioner.
2. The petitioner, an 'A' Class Contractor under the
Kerala Water Authority, was awarded the work "Jal Jeevan
Mission (JJM) - Alappuzha District - Augmentation of
ARWSS to Ambalapuzha North Panchayat - Construction
of 9LL OHSR at Vlanajavazhi, Supplying and Laying of
Distribution Lines and Providing FHTC in Ambalapuzha
North Panchayat". The petitioner submits that the scope of
the original work awarded to the petitioner has been
considerably reduced to 25%. In the circumstances, the
petitioner preferred Exts.P7 and P8 representations
requesting that proportionate reduction in the security
WP(C)No.30104/2021
deposit amounts may be made. The representations
submitted by the petitioner have not been considered.
3. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing
the respondents.
4. When this writ petition came up for hearing
today, the learned Standing Counsel representing the
respondents submitted that Exts.P7 and P8 representations
submitted by the petitioner can be considered by the 4 th
respondent and a decision can be taken thereon within a
stipulated time.
In view of the above, the writ petition is disposed of
directing the 4th respondent to consider Exts.P7 and P8
representations submitted by the petitioner within a period
of two weeks.
Sd/-
N. NAGARESH
JUDGE
ncd/15.01.2022
WP(C)No.30104/2021
APPENDIX OF WP(C) 30104/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF
THE NOTICE INVITING TENDER ISSUED BY
THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE SELECTION NOTICE
DATED 19.07.2021.
Exhibit P3 TRUE COPY OF THE ACCEPTED SCHEDULE.
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
26.07.2021 ADDRESSED TO THE 4TH
RESPONDENT.
Exhibit P5 TRUE COPY OF THE RELEVANT EXTRACT OF
THE AGREEMENT EXECUTED BETWEEN THE
PETITIONER AND THE 4TH RESPONDENT
DATED 29.07.2021.
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
23.09.2021 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPLY DATED
28.09.2021 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS 2
TO 4.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
14.12.2021 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS 2
TO 4.
