K.O.Jose vs Kerala Water Authority
2023 Latest Caselaw 4645 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
        Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                             WA NO. 780 OF 2023

    AGAINST JUDGMENT DATED 21.03.2023 IN WP(C) 6328/2023 OF THIS COURT

APPELLANT/PETITIONER:

     K.O.JOSE, AGED 74 YEARS, S/O. K.U. OUSEPH,KELAKATH HOUSE,OLD
     MARTHOMA CHURCH ROAD, PERUMBAVOOR, ERNAKULAM- 683542.

BY ADVS.M/S. SAJI VARGHESE KAKKATTUMATTATHIL & AMALENDU A.

RESPONDENTS/RESPONDENTS:

  1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA
     BHAVAN, THIRUVANANTHAPURAM - 685033.
  2. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
     CIRCLE, MUVATTUPUZHA, ERNAKULAM- 686673.

  BY ADV.SRI. P.M.JOHNY

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the demand of additional performance guarantee to the tune of
Rs.1,78,83,404/- as demanded in Ext.P2 and may also stay the operation and
implementation of judgment dated 21.03.2023 in W.P.(C) No.6328 of 2023,
pending disposal of the above writ appeal.
     This Writ Appeal coming on for admission on 12/04/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                      P.T.O.
 EXT.P2:TRUE COPY OF THE LETTER DATED NIL ISSUED BY

THE 2ND RESPONDENT ACCEPTING THE PETITIONER'S TENDER.
                    A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
                  ----------------------------------------------
                              Writ Appeal No.780 of 2023
                  ----------------------------------------------
                      Dated this the 12th day of April, 2023


                                        O R D E R

A.Muhamed Mustaque, J.

Admit.

The respondents entered appearance through counsel.

The appellant is permitted to proceed with the work

on executing a simple bond in favour of the second

respondent-the Superintending Engineer, Kerala Water

Authority, within one week from today undertaking to

furnish additional performance guarantee as and when

this Court directs and on the further condition that

the final bill will not be released without the

orders of this Court.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE ln

12-04-2023 /True Copy/ Assistant Registrar