Kerala High Court
Thampi C.T vs State Of Kerala on 13 April, 2023
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. 785 OF 2023
AGAINST JUDGMENT DATED 21.03.2023 IN WP(C) 4420/2023 OF THIS COURT
APPELLANT/PETITIONER:
THAMPI C.T., S/O. THOMAS, AGED 56 YEARS,C/O. T.D. THARAKAN,THARAKAN
HOUSE, LALOOR ROAD, AYYATHOLE P.O., THRISSUR - 680 005, RESIDING
AT CHACKALACKAL HOUSE,MANJALLOOR,KARIPPAKUNNU, PATTIKADU
P.O.,THRISSUR DISTRICT - 680652.
BY ADVS.M/S. GEORGE MATHEW, M.D.SASIKUMARAN,
SUNIL KUMAR A.G, MATHEW K.T., GEORGE K.V.,
STEPHY K REGI, ADARSH KURIAN & MEDHA B.S.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD
OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.
3. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,
P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT - 680001
BY GOVERNMENT PLEADER FOR R1
ADV.SRI.P.M.JOHNY FOR R2& R3
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 staying the operation and implementation of judgment
dtd.21.03.2023 in W.P.(C) No.4420 of 2023 of the learned Single Judge,
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.
A. MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
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WA No. 785 of 2023
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Dated this the 13th day of April, 2023
ORDER
A. MUHAMED MUSTAQUE, J.
Admit.
2. Respondents entered appearance.
3. The point involved in the matter is whether an
additional performance guarantee can be
required to be furnished by the writ
petitioner with reference to the Government
Order, not mentioned in the NIT based on
subsequent Government Orders, modifying the
method of calculation of additional
performance guarantee referred to in the
Government Order mentioned in the NIT.
4. Having considered the question as above and
taking note of the fact that the writ
petitioner has already been engaged by the
Kerala Water Authority, we are of the view
that the additional performance guarantee
WA No. 785 of 2023
..2..
shall be insisted on only with reference to
the manner referred to in the Government Order
referred to in the NIT.
5. The interim order passed by the learned Single
Judge in the matter will continue, subject to
the further condition that the final bill need
not be released to the appellant-contractor.
Post on 01.06.2023.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
13-04-2023 /True Copy/ Assistant Registrar
