Mohamed Rasheed K.M vs Kerala Water Authority
2022 Latest Caselaw 3214 Ker

Citation : 2022 Latest Caselaw 3214 Ker
Judgement Date : 18 March, 2022

Kerala High Court

Mohamed Rasheed K.M vs Kerala Water Authority on 18 March, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 18TH DAY OF MARCH 2022/27TH PHALGUNA, 1943
                      WP(C) NO. 6972 OF 2022
PETITIONER:

         MOHAMED RASHEED K.M.,
         KARUKAMANNIL HOUSE,
         EDAYUR NORTH P.O., VALANCHERRY,
         MALAPPURAM 676 552.

         BY ADV P.SHANES METHAR
RESPONDENTS:

    1    KERALA WATER AUTHORITY , JALA BHAVAN,
         VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033
         REP. BY ITS MANAGING DIRECTOR

    2    THE SUPERINTENDING ENGINEER,
         O/O SUPERINTENDING ENGINEER,
         KERALA WATER AUTHORITY,
         P H CIRCLE (THRISSUR), HIGH ROAD,
         SAKTHAN THAMPURAN ROAD, THRISSUR 680 001.

    3    KERALA INFRASTRUCTURE INVESTMENT
         FUND BOARD (KIIFB), 2ND FLOOR,
         FELICITY SQUARE, STATUE JUNCTION,
         THIRUVANANTHAPURAM 695 001
         REP. BY ITS CHIEF EXECUTIVE OFFICER.

    4    CHIEF PROJECT EXAMINER,
         INSPECTION AUTHORITY (TECHNICAL)
         KIIFB, SECOND FLOOR, FELICITY SQUARE,
         STATUE JUNCTION, THIRUVANANTHAPURAM 695 001.

         BY ADVS.
         P.M.JOHNY
         R3 SRI. B.G.HARINDRANATH
         SRI. P.BENJAMIN PAUL, SC, KWA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.6972/2022

                               2




                         JUDGMENT

Dated this the 18th day of March, 2022

The petitioner, who is a works Contractor, was

awarded with Ext.P2 work. The petitioner executed an

agreement on 20.03.2020. The work involved was "KIIFB-

Augmentation of CWSS to Nattika Furka Phase-I Package

II- Supplying, laying, testing and commissioning 900 mm DI

K9 clear water pumping main from Vellani WTP Chuloor

Junction, 7670m, 800mm, 700mm, 600mm, 500mm &

300mm DI K9 CWPM from Chuloor to Kaippamanagalam

OH tank, installation of fire hydrant restoration of roads

after laying pipes and allied works", submits the petitioner.

For reasons beyond the control of the petitioner, he could

not commence the work. The first lockdown, local

restrictions, Monsoon ban, second wave of Covid-19

pandemic and consequential lockdown prevented the WP(C) No.6972/2022

petitioner from proceeding with the work. In the meanwhile,

rate of tiles and labour cost escalated steeply. If the

petitioner is to complete the work, the petitioner will have to

expend `30 Crores more.

2. In view of Section 17A of the Kerala

Infrastructure Investment Fund Act, 1999, the 3 rd

respondent is vested with powers to appoint an inspection

authority, which has powers to call for documents and

inspect premises and to recommend necessary actions.

Therefore, the petitioner submitted Ext.P18 representation

before the 3rd respondent. The limited prayer of the

petitioner is to direct the 3rd respondent to forward Ext.P18

representation to the 4th respondent and the 4th respondent

to take a decision on the request of the petitioner as

contained in Ext.P18.

3. I have heard the learned counsel for the

petitioner and the learned Standing Counsel for the Kerala WP(C) No.6972/2022

Water Authority.

4. Taking into consideration the facts as disclosed

in the writ petition, this Court is of the view that Ext.P18

representation submitted by the petitioner can be

considered by the respondents.

In view of the above, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P18

representation and to pass orders thereon after obtaining a

report from the 4th respondent. This shall be done within a

period of six weeks.

Sd/-

N. NAGARESH JUDGE ncd/19.03.2022 WP(C) No.6972/2022

APPENDIX OF WP(C) 6972/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTICE INVITING TENDER Exhibit P2 TRUE COPY OF THE SELECTION NOTICE DATED 25-02-2020 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE ACCEPTED PRICE SCHEDULE Exhibit P4 TRUE COPY OF AGREEMENT DATED 20-03-

Exhibit P5 TRUE COPY OF PURCHASE ORDER DATED 24-

03-2020 Exhibit P6 TRUE COPY OF ORDER NO. KWA/HO/SP-

440/2017/TP(1) DATED 2-07-2020 OF THE 1ST RESPONDENT Exhibit P7 TRUE COPY IF PRO-FORMA INVOICE DATED 28-09-2020 ISSUED BY CIPET Exhibit P8 TRUE COPY OF COMMUNICATION DATED 20-

                     01-2021    ISSUED   TO   THE   FOURTH
                     RESPONDENT
Exhibit P9           TRUE COPY OF THE GO(MS) 69/2018/FIN
                     DATED 24-2-2018
Exhibit P10          TRUE COPY OF THE GOVERNMENT ORDER

GO(MS0 NO 160/2018/FIN DATED 28-04- 2018 ALONG WITH THE FORMAT OF THE TRIPARTITE AGREEMENT Exhibit P11 TRUE COPY OF THE MINUTES OF THE MEETING DATED 31-03-2021 Exhibit P12 TRUE COPY OF COMMUNICATION DATED 19-

04-2021 BY THE PETITIONER TO THE MANUFACTURER Exhibit P13 TRUE COPY OF THE LETTER NO. D 643/2020 DATED 09-06-2021 OF THE EXECUTIVE ENGINEER Exhibit P14 TRUE COPY OF THE LETTER NO D2-

643/2020 DATED 25-06-2021 OF THE EXECUTIVE ENGINEER WP(C) No.6972/2022

Exhibit P15 TRUE COPY OF THE EMAIL COMMUNICATION DATED 07-07-2021 Exhibit P16 TRUE COPY OF THE PROCEEDINGS NO KWA/JB/P-1/1056/KIIFB 2017-18(PART-3) OF THE 1ST RESPONDENT DATED 07-02-

Exhibit P17 TRUE COPY OF THE ORDER NO INS 1/160/2017/KIIFB DATED 22-12-2017 OF THE 3RD RESPONDENT Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED 19-02-2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P19 TRUE COPY OF THE JUDGMENT DATED 17-