Mahin K vs Kerala Water Authority
2023 Latest Caselaw 9294 Ker

WP(C) No.28969/2023                            1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
                  Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
                               WP(C) NO. 28969 OF 2023 (U)
   PETITIONER:

          MAHIN K., AGED 42 YEARS, S/O. AMU, CONTRACTOR, JASEELA MANZIL, STAR
          NAGAR, BEVINJE, THEKKIL FERRY P.O., KASARAGOD DISTRICT, PIN - 671541

   RESPONDENTS:

      1. KERALA WATER AUTHORITY, JALA BHAVAN, NANDAVANAM, VELLAYAMBALAM,
         THIRUVANANTHAPURAM- 695033, REPRESENTED BY ITS MANAGING DIRECTOR.
      2. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR
         - 670012


        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 direct the 2nd respondent to permit the petitioner to execute
   the agreement, provisionally, in pursuance to Ext.P2 letter of acceptance,
   without furnishing additional performance guarantee, and on furnishing 3%
   of the contract value towards performance guarantee, forthwith, for the
   ends of justice, pending final disposal of the Writ Petition (C).


        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.BABU JOSEPH KURUVATHAZHA, ARCHANA K.S., MOHAMMED SHAFI.K & NOEL EALIAS
   Advocates for the petitioner and of STANDING COUNSEL for Respondents (By
   Order), the Court passed the following:

                                           ORDER

Admit.

Standing Counsel takes notice for respondents.

Counsel for the petitioner submitted that the point is covered in favour of the petitioner in Ext.P3 judgment. Standing Counsel seeks time to get instructions.

I think an interim order can be passed in the facts and circumstances of the case. Therefore, the 2nd respondent is directed to permit the petitioner to execute the agreement provisionally, in pursuance to Ext.P2 letter of acceptance without furnishing additional performance guarantee. The time to execute the agreement is extended for a further period of two weeks.

Post on 20/9/2023.

                                                     Sd/- P.V.KUNHIKRISHNAN, JUDGE

25-08-2023                       /True Copy/                               Assistant Registrar
 WP(C) No.28969/2023                 2/2

                       APPENDIX OF WP(C) 28969/2023
Exhibit P2            TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 22.8.2023
                      ISSUED BY THE 2ND RESPONDENT.
Exhibit P3            TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED
                      14.8.2023 IN W.A.NO.725/2023.