M/S. J And B Engineering And ... vs Kerala Water Authority
2023 Latest Caselaw 8928 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 26731 OF 2023
PETITIONER:

          M/S. J AND B ENGINEERING AND CONSTRUCTION COMPANY
          AGED 62 YEARS
          KUTTOOR P.O, THIRUVALLA PATHANAMTHITTA DISTRICT,
          REPRESENTED BY ITS MANAGING PARTNER K.A. ABRAHAM, PIN -
          689106

          BY ADVS.
          ALIAS M.CHERIAN
          AMEERA JOJO
          K.M.RAPHY
          BRISTO S PARIYARAM
          MINNU DARWIN



RESPONDENTS:

    1     KERALA WATER AUTHORITY
          HEAD OFFICE, JALABHAVAN THIRUVANATHAPURAM, REPRESENTED
          BY ITS MANAGING DIRECTOR, PIN - 695033

    2     THE CHIEF ENGINEER SOUTHERN REGION
          HEAD OFFICE, JALABHAVAN KERALA WATER AUTHORITY
          THIRUVANATHAPURAM, PIN - 695033

    3     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY P.H. CIRCLE, THRISSUR, PIN -
          680001

    4     THE EXECUTIVE ENGINEER
          KERALA WATER AUTHORITY P.H. DIVISION, NATTIKA THRISSUR,
          PIN - 680566


OTHER PRESENT:

          GEORGIE JOHNY, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.26731 of 2023

                                    2

                  P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.26731 of 2023
          ---------------------------
           Dated this the 14th day of August, 2023

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i. To issue a writ of mandamus or any other appropriate writs, directions or orders directing the 3rd respondent to consider Ext.P4 and pass orders thereon, after providing an opportunity of hearing to the petitioner.

ii. To issue a writ of mandamus or any other appropriate writs, directions or orders directing the 3rd respondent not to terminate Ext.P1/contract till a decision is taken on Ext.P4/representation.

iii. To grant such other reliefs which are deem fit and proper in the facts and circumstances of the case.

iv. To grant the cost of the petitioner for these proceedings from respondents.

v. The petitioner may be dispensed with production of the English translated copies of vernacular documents in the writ petition." (SIC)

2. The Petitioner entered into an agreement with the W.P (C) No.26731 of 2023

3rd respondent for carrying out the work of Kerala Water

Authority. It is the case of the petitioner that because of

certain reasons beyond their control, they were not able to

complete the work. Respondents extended the time to

complete the work till 30.06.2023. Now, the petitioner

submitted that they want further time to complete the work

and hence submitted Ext.P4 before the 3 rd respondent. The

same is not considered is the grievance. Hence, this writ

petition.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the

respondents.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 3 rd respondent to

consider Ext.P4 within a time frame.

Therefore, this writ petition is disposed of with the

following directions.

1) The 3rd respondent is directed to consider and pass appropriate orders in Ext.P4, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the W.P (C) No.26731 of 2023

date of receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P (C) No.26731 of 2023

APPENDIX OF WP(C) 26731/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF AGREEMENT NO.10/SE/PHC/TSR/2019-20 DATED 10/03/2020 SIGNED BETWEEN THE PETITIONER AND 3RD RESPONDENT

Exhibit P2 TRUE COPY OF REPRESENTATION NO.

JBEC/AGMNT NO. 10/2019-2020 DATED 16/12/2022 SUBMITTED BEFORE THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO. KWA/PHC/TSR/ D1- 2886/19VOL.III DATED 13/01/2023 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE REPRESENTATION NO.

JBEC/AGMNT NO. 10/2019-2020 DATED 27/06/2023 SUBMITTED TO THE 3RD RESPONDENT