Kerala High Court
M/S. Midland Engineering And ... vs Kerala Water Authority on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 27840 OF 2023
PETITIONER:
M/S. MIDLAND ENGINEERING AND CONSTRUCTION COMPANY,
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN HILL.P.O,
MALAPPURAM, REPRESENTED BY ITS MANAGING PARTNER, PIN -
676519
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENTS:
1 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING
DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS,
VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033
2 THE SUPERINTENDING ENGINEER, O/O. THE SUPERINTENDING
ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
(MALAPPURAM), MALAPPURAM., PIN - 676519
3 THE EXECUTIVE ENGINEER, O/O. THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, P.H.DIVISION, MALAPPURAM., PIN
- 676505
4 THE EXECUTIVE ENGINEERO/O. THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, P.H.DIVISION, SUKAPURAM.P.O.,
EDAPPAL, MALAPPURAM., PIN - 679576
OTHER PRESENT:
SHRI.P.M.JOHNY, SC, KWA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.27840 of 2023
2
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.27840 of 2023
---------------------------
Dated this the 23rd 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 writ/order or direction and
commanding the second respondent to adjust
the amount covered by Ext.P4 to P7 as security
deposit (in lieu of 50% treasury deposit) for the
purpose of executing works agreement in tune
with Ext.P2.
(ii) Issue a writ of mandamus or any other
appropriate writ/order directing that petitioner is
entitled to get adjusted the pending bills
towards security deposit for executing
agreement for new work.
(iii) Render such other orders as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case." (SIC)
2. The petitioner is a partnership firm and is a work
contractor with the 1st respondent. The petitioner is
aggrieved by the action of the respondents in not issuing
proper orders to adjust its pending bill amounts towards the
security deposit for the new work allotted to the petitioner as
per Ext.P2.
3. Heard the learned counsel for the petitioner and
W.P (C) No.27840 of 2023
the learned Standing Counsel appearing for the respondents.
4. The learned Standing Counsel appearing for the
respondents submitted that there are pending bills and the
security amount can be adjusted towards the pending bill
amount. If that is the case, this writ petition can be disposed
of with following directions:-
1) The 2nd respondent is directed to adjust the
amount covered by Exts.P4 to P7 as security
deposit (in lieu of 50% treasury deposit) for the
purpose of executing works agreement in tune
with Ext.P2.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.27840 of 2023
APPENDIX OF WP(C) 27840/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE E-
TENDER NOTICE PERTAINING TO TENDER NO.SE
/PHC/MPM/25/2023-24 PUBLISHED BY THE SECOND
RESPONDENT
Exhibit P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE (LOA)
(E-TENDER NO.WRD/KWACEP/TR/10/2022-5-2-1/1
DATED 10.5.2023) ISSUED BY THE SECOND
RESPONDENT
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 5.6.2020 IN
W.P(C) NO.6538 OF 2020
Exhibit P4 A TRUE COPY OF THE (FILE
NO.EE/PHD/MPM/DB2/13653/2020) DATED 19.8.2023
ISSUED BY THE THIRD RESPONDENT
Exhibit P5 A TRUE COPY OF THE WORK OF JJM-CWSS TO
PONNANI AND ADJOINING PANCHAYATHS PH 2- CWSS
TO MARANCHERY VELIYANCODE PERUMPADAPP
PANCHAYATHS - SUPPLYING, LAYING, TESTING AND
COMMISSIONING OF DISTRIBUTIONS SYSTEM AND
PROVIDING FHTCS IN PERUMPADAPP PANCHAYATH -
PACKAGE 5- AGREEMENT NO.SE/PHC/MPM/06/2021-22
DTD 12.4.2022
Exhibit P6 A TRUE COPY OF THE WORK OF JJM-CWSS TO
PONNANI AND ADJOINING PANCHAYATHS PH 2- CWSS
TO MARANCHERY VELIYANCODE PERUMPADAPP
PANCHAYATHS - SUPPLYING, LAYING, TESTING AND
COMMISSIONING OF DISTRIBUTIONS SYSTEM AND
PROVIDING FHTCS IN VELIYANCODE PANCHAYATH -
PACKAGE 4- A&B (CANOLI CANAL CROSSING USING
560MM HDPE PIPE)- AGREEMENT
NO.SE/PHC/MPM/05/2021-22 DTD 12.4.2022
Exhibit P7 A TRUE COPY OF THE WORK OF JJM-CWSS TO
PONNANI AND ADJOINING PANCHAYATHS PH 2- CWSS
TO MARANCHERY VELIYANCODE PERUMPADAPP
PANCHAYATHS - SUPPLYING, LAYING, TESTING AND
COMMISSIONING OF DISTRIBUTIONS SYSTEM AND
PROVIDING FHTCS IN MARANCHERY PANCHAYATHS -
PACKAGE 3- AGREEMENT NO.SE/PHC/MPM/04/2021-22
DTD 12.4.2022
