Kerala High Court
M/S. Midland Engineering And ... vs Kerala Water Authority on 25 August, 2023
WP(C) NO. 28941 OF 2023 1
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. 28941 OF 2023
PETITIONER/S:
M/S. MIDLAND ENGINEERING AND CONSTRUCTION COMPANY
AGED 54 YEARSVARIKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O, MALAPPURAM, REPRESENTED BY ITS MANAGING
PARTNER, PIN - 676519
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
RESPONDENT/S:
1 KERALA WATER AUTHORITYREPRESENTED BY ITS MANAGING
DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS,
VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033
2 THE SUPERINTENDING ENGINEERO/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, PROJECT DIVISION
(KOZHIKODE), KOZHIKODE-673009, PIN - 673009
SRI.P.M.JOHNY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 28941 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 28941 of 2023
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Dated this the 25th day of August, 2023
JUDGMENT
The above writ petition is filed with 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.
And
(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 Works
Contractor with the 1st respondent. The petitioner is aggrieved
by the action of the respondents in not issuing the orders to
adjust its pending bill amount towards the security deposit for
the new work.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the respondents.
4. Admittedly, as per Exts.P4 to P7, an amount of
Rs.71,01,257/- is due to the petitioner. If that is the case, the
security amount can be adjusted from that admitted amount.
Therefore, this writ petition is disposed of with the
following directions :
1) The 2nd respondent is directed to adjust the amount
covered by Exst.P4 to P7 as security (in lieu of 50% of
treasury deposit) for the purpose of executing works
agreement in tune with Ext.P2.
2) The time to execute the agreement is extended for a
period of two weeks.
3) The petitioner will produce a certified copy of this
judgment along with a copy of this writ petition before
the 2nd respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 28941/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE
E-TENDER NOTICE PERTAINING TO TENDER
NO.SE/PHC/MPM/37/2023-24 PUBLISHED BY THE
SECOND RESPONDENT
Exhibit P2 A TRUE COPY OF THE LETTER OF ACCEPTANCE
(LOA) (E-TENDER
NO.WRD/KWA-CE(NR)/TR/998/2022_26_5_4/2
DATED 26-05-2023 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 CERTIFICATE ISSUED BY
THE THIRD RESPONDENT DATED 23.8.2023
Exhibit P5 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE THIRD RESPONDENT DATED 23.8.2023
Exhibit P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE THIRD RESPONDENT DATED 23.8.2023
Exhibit P7 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE THIRD RESPONDENT DATED 23.8.2023
