Reena Engineers And Contractors ... vs Kerala Water Authority
2023 Latest Caselaw 7628 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                        WP(C) NO. 17246 OF 2023
PETITIONER:

            REENA ENGINEERS AND CONTRACTORS (P) LTD
            REPRESENTED BY ITS MANAGING DIRECTOR, 602, SHIV TOWER,
            PATTO PLAZA, PANAJI, GOA., PIN - 403001
            BY ADVS.
            P.SHANES METHAR
            N.KRISHNA PRASAD


RESPONDENTS:

    1       KERALA WATER AUTHORITY
            REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
            VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033
    2       THE SUPERINTENDING ENGINEER
            O/O. THE SUPERINTENDING ENGINEER, PH CIRCLE
            (KOZHIKODE), MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, ALONG WITH WP(C).17240/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOS.17240 & 17246 OF 2023


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          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                  WP(C) NO. 17240 OF 2023
PETITIONER:

           REENA ENGINEERS AND CONTRACTORS (P) LTD
           602, SHIV TOWER, PATTO PLAZA, PANAJI, GOA.
           REPRESENTED BY ITS MANAGING DIRECTOR.,
           PIN - 403001
           BY ADVS.
           P.SHANES METHAR
           N.KRISHNA PRASAD


RESPONDENTS:

    1      KERALA WATER AUTHORITY
           REPRESENTED BY ITS MANAGING DIRECTOR, JALA
           BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.,
           PIN - 695033
    2      THE SUPERINTENDING ENGINEER
           O/O. THE SUPERINTENDING ENGINEER, PH CIRCLE
           (MALAPPURAM), CIVIL STATION .P.O.,
           MALAPPURAM., PIN - 676505

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, ALONG WITH WP(C).17246/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS.17240 & 17246 OF 2023


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                  P.V.KUNHIKRISHNAN, J.
                   ------------------------------
          W.P.(C) Nos.17240 & 17246 of 2023
           ----------------------------------------------
          Dated this the 14th day of July, 2023



                        JUDGMENT

These two writ petitions are connected and

therefore, I am disposing of these two writ petitions by

common judgment.

2. The petitioner in these cases was allotted a

work by the respondents. The grievance of the

petitioner is that, 20% of the bill amount is adjusted

by the respondents stating that it is converted as

other deposit. Aggrieved by the same the petitioner

submitted Ext.P4, which is produced in these writ

petitions. The grievance of the petitioner is that the

same is not considered.

WP(C) NOS.17240 & 17246 OF 2023

3. Heard the learned Counsel appearing for the

petitioner and the learned Standing Counsel appearing

for the respondents.

4. After hearing both sides, I think Ext.P4

produced in these writ petitions can be directed to be

considered by the 2nd respondent, within a time frame,

after giving an opportunity of hearing to a

representative of the petitioner.

Therefore, these writ petitions are disposed of

with the following directions:

i. Ext.P4 produced in these writ petitions

are directed to be considered by the 2nd

respondent, after giving an opportunity of hearing

to the petitioner, as expeditiously as possible, at

any rate, within a period of three weeks from the

date of receipt of a certified copy of this judgment.

ii. The petitioner will produce a certified

copy of the judgment along with a copy of this writ WP(C) NOS.17240 & 17246 OF 2023

petition with Exhibits before the 2 nd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NOS.17240 & 17246 OF 2023

APPENDIX OF WP(C) 17240/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FORM CB3 DATED 21.03.2023 Exhibit P2 TRUE COPY OF THE WORK ORDER DATED 8.12.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE WORKS AGREEMENT DATED 22.12.2022 BETWEEN PETITIONER AND 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER NO.REC/569/2022-23 DATED 24.3.2023

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE WP(C) NOS.17240 & 17246 OF 2023

APPENDIX OF WP(C) 17246/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FORM CB3 DATED 21.3.2023 Exhibit P2 TRUE COPY OF THE WORK ORDER DATED 20.10.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE WORKS AGREEMENT DATED 28.10.2022 BETWEEN PETITIONER AND 2ND RESPONDENT(TOGETHER WITH COVERING LETTER) Exhibit P4 TRUE COPY OF THE LETTER NO.REC/571/2022-23 DATED 24.3.2023

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE