T. Satheeshkumar vs The Kerala Water Authority
2023 Latest Caselaw 1813 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                    WP(C) NO. 3400 OF 2023
PETITIONER:

            T. SATHEESHKUMAR
            AGED 51 YEARS
            S/O A. THANKAVELU
            'NANDANAM;'
            MELECHOVVA,
            KANNUR
            PIN - 670 006

            BY ADVS.ABDUL RAOOF PALLIPATH
                    K.R.AVINASH (KUNNATH)
                    E.MOHAMMED SHAFI


RESPONDENTS:

    1       THE KERALA WATER AUTHORITY
            JALA BHAVAN
            VELLAYAMBALAM P.O, TRIVANDRUM - 695 010
            REPRESENTED BY ITS MANAGING DIRECTOR

    2       THE SUPERINTENDING ENGINEER
            OFFICE OF THE SUPERINTENDING ENGINEER,
            KERALA WATER AUTHORITY,
            PH CIRCLE, TRIVANDRUM
            PIN - 695001

    3       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            DEPARTMENT OF PUBLIC WORKS,
            GOVERNMENT SECRETARIAT,
            TRIVANDRUM-695001
            REPRESENTED BY ITS SECRETARY
            PIN - 695001


            R1 & R2 BY SRI. GEORGIE JOHNY, SC
            R3 BY SMT.RASHMI K.M., GOVERNMENT PLEADER


     THIS     WRIT PETITION     (CIVIL) HAVING   COME UP   FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 3400/2023       2




                          JUDGMENT

Petitioner is a licensed contractor undertaking works

of Kerala Water Authority. According to the petitioner,

Ext.P1 is the selection notice dated 20.12.2022 in respect

of a work invited by the Kerala Water Authority. The

grievance of the petitioner is that in order to provide

additional performance guarantee in terms of the notice

inviting tender, petitioner requires some time. But fact

remains, the last date for execution of the agreement

expired on 28.01.2023. Thereupon, seeking extension of

time, the petitioner has submitted Ext.P4 dated 28.01.2023

before the Superintending Engineer, Kerala Water Authority,

Thiruvananthapuram - the second respondent, which is

pending consideration.

2. I have heard learned counsel for the petitioner,

Sri. Abdul Raoof Pallipath and learned Standing Counsel for

the Kerala Water Authority, Sri. Georgie Johny and perused

the pleadings and material on record.

3. The learned Standing Counsel submitted that

time may be extended reasonably in order to enable the

petitioner to make the payment.

4. In that view of the matter, taking into account the

facts and circumstances and Ext.P4 representation

submitted by the petitioner, the time for furnishing the

additional performance guarantee is extended by two

weeks from 28.01.2023. The learned counsel for the

petitioner also submitted that he is prepared to pay the

fine, since the agreement was not executed within the time

fixed by the Kerala Water Authority. I also make it clear

that if the petitioner is not providing the additional

performance guarantee as extended above, the Kerala

Water Authority will be at liberty to proceed in accordance

with law.

Sd/-

SHAJI P. CHALY JUDGE DCS/01.02.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF SELECTION NOTICE FOR E-

TENDER NO. KWA-JJM/PHC/D3-26_2_1/2022 DATED 20.12.2022 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 12.12.2022 IN WPC 39841/2022

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 19.1.2023 IN WPC 1837/2023

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 28.1.2023 BEFORE THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 20.1.2023 IN WPC NO. 2173/2023