Citation : 2023 Latest Caselaw 5437 Ker
Judgement Date : 28 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 28th day of April 2023 / 8th Vaisakha, 1945
WA NO. 872 OF 2023
AGAINST THE JUDGMENT DATED 24.03.2023 IN WP(C) 4905/2023 OF THIS COURT
APPELLANT/WRIT PETITIONER:
B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA,VANCHIYOOR PO, ALAMCODE,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695 102.
BY ADVS M/S V.PREMCHAND, SURYA MOHAN P., HALIYA T.P.
RESPONDENTS/RESPONDENTS IN WP(c):
1. THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING
DIRECTOR, THIRUVANANTHAPURAM,, PIN - 695 033
2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, AALTHARA
JUNCTION, NANDHAVANA, PALAYAM, THIRUVANANTHAPURAM, DISTRICT, PIN -
695 033
3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, AALTHARA JUNCTION,
NANDHAVANA, PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695 033.
BY STANDING COUNSEL SHRI 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 issue an interim direction directing respondents 1&2 to permit the
petitioner to execute agreement mentioned in Exhibit P1 without insisting
to furnish Additional perfomance guarantee pending disposal of this writ
appeal.
This Writ Appeal coming for orders on 28.04.2023 upon perusing the
appeal memorandum, the court on the same day passed the following:
EXT P1. - A TRUE COPY OF THE SELECTION NOTICE DATED ON 08/02/2023
ISSUED BY THE SUPERINTENDING EXECUTIVE ENGINEER, 2ND RESPONDENT.
BECHU KURIAN THOMAS, & C. JAYACHANDRAN, J,J
----------------------------------------
WA Nos.871 & 872 of 2023
-------------------------------------------
Dated this the 28th day of April, 2023
ORDER
BECHU KURIAN THOMAS, J.
Admit. Standing Counsel, P.M.Johny takes notice for
respondents.
In the meantime, in view of the interim order 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, if not
already executed, 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 orders of this Court.
Post along with WA.No.725 of 2023.
Sd/-
BECHU KURIAN THOMAS, JUDGE
Sd/-
C. JAYACHANDRAN , JUDGE
sn
28-04-2023 /True Copy/ Assistant Registrar
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