Abu Mathew vs Kerala Water Authority
2023 Latest Caselaw 4865 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                             WA NO. 781 OF 2023

    AGAINST JUDGMENT DATED 22.03.2023 IN WP(C) 9528/2023 OF THIS COURT

                                   ---

APPELLANT/PETITIONER:

     ABU MATHEW, AGED 71 YEARS, KOYIKKAL HOUSE, KARIKODE.P.O., KOTTAYAM,
     PIN - 686610.

BY ADVS.M/S. P.SHANES METHAR & N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS:

  1. KERALA WATER AUTHORITY,REPRESENTED BY ITS MANAGING DIRECTOR,
     JALABHAVAN, VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN - 695033.
  2. THE SUPERINTENDING ENGINEER, O/O. SUPERINTENDING ENGINEER, KERALA
     WATER AUTHORITY (P H CIRCLE) KOTTAYAM, KOTTAYAM., PIN - 686002.

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 pass an order to stay the operation of impugned judgment dated
22.03.2023 in W.P.(C) No.9528/2023 of the learned single judge and may
also be pleased to pass an order directing the 2nd respondent to execute
works agreement with the petitioner in tune with Ext.P1, without insisting
for additional performance guarantee, pending disposal of this Writ Appeal
in the interest of justice.
     This Writ Appeal coming on for admission on 13/04/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                      P.T.O.
 EXT.P1:A TRUE COPY OF THE LETTER NO.2830/D1/2022/PHC-KTM

DATED 14.03.2023   (LETTER OF ACCEPTANCE) ISSUED BY THE

2ND RESPONDENT.
              A. MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
                     ------------------------------
                           WA No. 781 of 2023
                     ------------------------------
                  Dated this the 13th day of April, 2023


                                       ORDER

A. MUHAMED MUSTAQUE, J.

Admit.

2. Learned Standing Counsel takes notice for the

respondents.

3. In lieu of the additional performance

guarantee, a simple bond shall be executed

within seven days from today. Based on this

direction, the Contractor is permitted to

execute agreement also. No final bill shall

be released without orders from this Court.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

13-04-2023 /True Copy/ Assistant Registrar