T. Mohammed Ali vs State Of Kerala
2023 Latest Caselaw 5320 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
                                    &
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
          Tuesday, the 25th day of April 2023 / 5th Vaisakha, 1945
                             WA NO. 857 OF 2023
  AGAINST THE JUDGMENT DATED 24.03.2023 IN WP(C) 10218/2023 OF THIS COURT
APPELLANT/PETITIONER:

     T. MOHAMMED ALI, S/O. VEERAN HAJI, AGED 55 YEARS, THADATHIL HOUSE,
     KANAYAM, SHORNUR, PALAKKAD DISTRICT, PIN - 679121

 BY ADVS.M/S.SANTHEEP ANKARATH AND P.ANIRUDHAN

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, JALA
     BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695001
  3. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,
     P.H. CIRCLE, KERALA WATER AUTHORITY, HIGH ROAD, SAKTHAN THAMPURAM
     NAGAR, THRISSUR DISTRICT, PIN - 680001

BY GOVERNMENT PLEADER FOR R1

STANDING COUNSEL SRI.P.M.JOHNY FOR R2 AND 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 issue an interim direction directing the respondents to permit the
appellant to execute agreement without insisting for conditions in Exhibit
P1 pending disposal of the above Writ Appeal.
     This Writ Appeal coming on for admission on 25.04.2023 upon perusing
the Appeal Memorandum, the court on the same day passed the following:

                                                                     P.T.O
 EXHIBIT P1 : TRUE COPY OF LETTER NO.KWA/PHC/TSR/D5/4869/2022

DATED 06.03.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
               BECHU KURIAN THOMAS &
             DR. KAUSER EDAPPAGATH, JJ.
                  --------------------------------------
                Writ Appeal No.857 of 2023
                 ---------------------------------------
            Dated this the 25th day of April, 2023

                           ORDER

Bechu Kurian Thomas, J

Admit. The learned Government Pleader takes

notice for respondent No.1. Mr. P.M. Johny, the learned

Standing Counsel for Kerala Water Authority takes notice

for respondent Nos. 2 and 3.

2. Post along with W.A.No.725 of 2023 on

01.06.2023.

In the meantime, in view of the interim order

dated 13.04.2023 in W.A.No.821 of 2023, the appellant is

permitted to proceed with the work on executing a

simple bond in favour of the 2nd respondent within a

period of one week from today undertaking to furnish

additional performance guarantee as and when this W.A.No. 857 of 2023 ..2..

,

Court directs and on the further condition that the final

bill will not be released without the orders of this Court.

Sd/-

BECHU KURIAN THOMAS, JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kkj

25-04-2023 /True Copy/ Assistant Registrar