Kerala High Court
Hasif T vs Kerala Water Authority on 18 April, 2023
WP(C) No.14216/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 18th day of April 2023 / 28th Chaithra, 1945
WP(C) NO. 14216 OF 2023
PETITIONER:
HASIF T, S/O THORAPPA, AGED 43 YEARS,THURACKAL HOUSE, MANJERI POST,
MALAPPURAM DISTRICT, PIN - 676121.
RESPONDENT:
1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD
OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN -
695033.
2. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,
P.H. CIRCLE, KERALA WATER AUTHORITY (KWA), ALAPPUZHA DISTRICT, PIN -
688002.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the 2nd respondent to permit the
petitioner to execute agreement pursuant to Ext.P2 without insisting for
conditions therein to remit additional performance guarantee, pending
disposal of this W.P(c) in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
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. Advocates for the
petitioners and of STANDING COUNSEL for R1 and R2, the court passed the
following:
WP(C) No.14216/2023 2/4
VIJU ABRAHAM, J.
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WP(C) No.14216 of 2023
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Dated this the 18th day of April, 2023
ORDER
Admit. The learned Standing Counsel takes notice for
the respondents 1 and 2.
2. The learned counsel for the petitioner submits that in
similar circumstances, this Court has interfered with and
passed orders in the nature of Ext.P8 order and similar order
may be passed in this case also.
3. Heard the learned Standing Counsel for the Kerala
Water Authority.
4. The specific portion of Ext.P8 orders reads as follows:
"In fact, the issues raised in this writ petition was
considered by this Court in a batch of writ petitions
and held that, whenever a tender is invited by the
Kerala Water Authority exceeding an amount of Rs.5
lakhs, an Additional Performance Guarantee is to be
provided if the quoted amount is going below 10% of
the probable amount of the contract for each item of
work quoted by the petitioner. I am informed that, in
an appeal preferred by some of the contractors against
the judgment in the batch of writ petitions, an interim
WP(C) No.14216/2023 3/4
WP(C) No.14216 of 2023
order was passed stating that the interim order
passed by the learned Single Judge will continue,
subject to further condition that the final bill need not
be released to the appellant contractor.
In that view of the matter, I think it is
appropriate that, in order to avoid further delay in
execution of the agreement and starting the work,
respondents are directed to execute an agreement
with the petitioner, on the petitioner furnishing a
simple bond undertaking to furnish Additional
Performance Guarantee if and when directed so by
this Court at a later point of time. Accordingly, I do so.
Time for executing the agreement will stand
extended for a period of one week from today".
In view of the said interim order, there will be a
direction to the respondents to execute an agreement with
the petitioner, on the petitioner furnishing a simple bond
undertaking to furnish Additional Performance Guarantee if
and when directed by this Court at a later point of time.
Time for executing the agreement will stand extended for a
period of one month from today.
Sd/-
VIJU ABRAHAM
JUDGE
rkc/18.04.23
18-04-2023 /True Copy/ Assistant Registrar
WP(C) No.14216/2023 4/4
APPENDIX OF WP(C) 14216/2023
Exhibit P8 TRUE COPY OF ORDER DTD. 13.04.2023 IN W.P.(C). NO.
13279 OF 2023
18-04-2023 /True Copy/ Assistant Registrar
