Kerala High Court
M/S. J And B Engineering And ... vs Kerala Water Authority on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 15067 OF 2023
PETITIONER:
M/S. J AND B ENGINEERING AND CONSTRUCTION COMPANY
KUTTOOR P.O, THIRUVALLA
PATHANAMTHITTA DISTRICT, PIN - 689106
REPRESENTED BY ITS PARTNER K.A. ABRAHAM
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
ARUN C.S.
RESPONDENTS:
1 KERALA WATER AUTHORITY
HEAD OFFICE, JALABHAVAN
THIRUVANATHAPURAM, PIN - 695033
REPRESENTED BY ITS MANAGING DIRECTOR
2 THE CHIEF ENGINEER SOUTHERN REGION
HEAD OFFICE, JALABHAVAN KERALA WATER AUTHORITY
THIRUVANATHAPURAM, PIN - 695033
3 THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY P.H. CIRCLE,
COLLECTORATE KOTTAYAM, PIN - 686002
4 THE EXECUTIVE ENGINEER
KERALA WATER AUTHORITY P.H. CIRCLE,
COLLECTORATE KOTTAYAM, PIN - 686002
ADV.GEORGIE JOHNY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.07.2023, ALONG WITH WP(C).15649/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15067 & 15649 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 15649 OF 2023
PETITIONER:
M/S. J AND B ENGINEERING AND CONSTRUCTION
COMPANY
KUTTOOR P.O, THIRUVALLA
PATHANAMTHITTA DISTRICT, PIN - 689106
REPRESENTED BY ITS PARTNER K.A. ABRAHAM
BY ADVS.ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
ARUN C.S.
RESPONDENTS:
1 KERALA WATER AUTHORITY
HEAD OFFICE, JALABHAVAN
THIRUVANATHAPURAM, PIN - 695033
REPRESENTED BY ITS MANAGING DIRECTOR
2 THE CHIEF ENGINEER SOUTHERN REGION
HEAD OFFICE, JALABHAVAN KERALA WATER AUTHORITY
THIRUVANATHAPURAM, PIN - 695033
3 THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY P.H. CIRCLE,
COLLECTORATE KOTTAYAM, PIN - 686002
4 THE EXECUTIVE ENGINEER
KERALA WATER AUTHORITY P.H. CIRCLE,
COLLECTORATE KOTTAYAM, PIN - 686002
SRI. GEORGIE JOHNY, SC (KWA)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.07.2023, ALONG WITH WP(C).15067/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15067 & 15649 of 2023
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.15067 & 15649 of 2023
----------------------------------------------
Dated this the 26th day of July, 2023
JUDGMENT
These two writ petitions are connected and therefore, I
am disposing these writ petitions by a common judgment. I
will narrate the facts in W.P.(C). No.15649/2023 first:
Petitioner had executed Ext.P1 agreement with the 3 rd
respondent in connection with a pipe line work. It is the case
of the petitioner that they had laid pipes for 32 km and
supplied pipes for 51 km. It is the further case of the
petitioner that the remaining work could not be completed for
want for road cutting permission. The road cutting permission
is to be obtained by the respondents from the local
Panchayat/PWD. It is submitted that there is strong
obstruction from the public in cutting the roads as well.
Hence it is stated that the period of contract is extended by
Ext.P3 order till 31.12.2022. But it is stated that, still no road
WP(C).No.15067 & 15649 of 2023
cutting permission was obtained. According to the petitioner,
Exts.P4 to P8 and Exts.P12 to P17 are the requests submitted
by them to extend the period of contract, to pay the part bill
and to release the retention amount. It is stated that,
although respondents 2 and 4 agreed in Exts.P10 and P11
joint meeting to solve all problems, no action was taken.
According to the petitioner, the remaining pipes cannot be laid
without getting the road cutting permission. The grievance of
the petitioner is that the respondents are not prepared to
appreciate that reality and blaming the petitioner for non-
completion of work. When the petitioner came to know that
respondents are proceeding to terminate the contract, at the
risk and cost of the petitioner, the petitioner filed W.P.(C).
No.15067/2023 with following prayers:
i. To issue a writ of mandamus or any other
appropriate writs, directions or orders directing
the respondents 1 to 3 to extend the period of
Ext.P1/agreement till 31.12.2023.
ii. To issue a writ of mandamus or any other
appropriate writs, directions or orders directing
the respondents 1 to 3 to obtain road cutting
permission from the concerned Grama
WP(C).No.15067 & 15649 of 2023
Panchayath and also from public works
department, before extending the period of
Ext.P1/agreement.
iii. To issue a writ of mandamus or any other
appropriate writs, directions or orders directing
the respondents 1 to 3 to consider and pass
orders on Ext.P14 to P16/representations,
respectively and after hearing the petitioner and
till then no coercive action shall be taken on
Ext.P1/agreement.
iv. To grant such other reliefs which are deem fit and
proper in the facts and circumstances of the case.
v. To grant the cost of the petitioner for these
proceedings from respondents.
vi. The petitioner may be dispensed with production
of the English translated copies of vernacular
documents in the writ petition.
(SIC)
2. In the above case, this Court stayed further
coercive steps against the petitioner and the interim order is
in force. But it stated that the 3 rd respondent, as per Ext.P18
order, terminated the contract. It is submitted that Ext.P18
order is passed while Exts.P12 to P17 representations are
pending. It is also the case of the petitioner that Ext.P18
order is silent as to the non-receipt of road cutting permission
from the concerned Grama Panchayath and Municipality.
WP(C).No.15067 & 15649 of 2023
Aggrieved by Ext.P18 order, W.P.(C). No.15649/2023 is filed
with following prayers:
i. To issue a writ of Certiorari or any other
appropriate writs, directions or orders calling for
the records leading up to Ext.P18/order and set
aside the same.
ii. To grant such other reliefs which are deem fit and
proper in the facts and circumstances of the case.
iii. To grant the cost of the petitioner for these
proceedings from respondents.
iv. The petitioner may be dispensed with production
of the English translated copies of vernacular
documents in the writ petition.
(SIC)
3. When this writ petition came up for consideration,
this Court was pleased to stay coercive proceedings against
the petitioner.
4. Heard the learned counsel for the petitioner and
the learned Standing Counsel for the respondents.
5. The main grievance of the petitioner is that Ext.P18
order produced in W.P.(C). No.15649/2023 is passed without
considering Exts.P16 and P17. In Exts.P16 and P17, the main
prayer is to extend the contract and to obtain the road cutting
WP(C).No.15067 & 15649 of 2023
permission for laying pipes. A perusal of ext.P18 would not
show that the contention of the petitioners in Exts.P17 and
P18 are adverted to. If that be the case, I am of the
considered opinion that Ext.P18 in W.P.(C). No.15649/2023 can
be set aside and there can be a direction to the 3 rd respondent
in that writ petition to reconsider the matter based on
Exts.P16 and P17.
Therefore, these writ petitions are disposed of in the
following manner:
1. Ext.P18 in W.P.(C). No.15649/2023is set aside.
2. The 3rd respondent in W.P.(C). No.15649/2023 is
directed to reconsider and pass appropriate
orders in Ext.P16 and P17, after affording an
opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within one
month from the date of receipt of a stamped
certified copy of this judgment. The petitioner
will produce a stamped certified copy of this
judgment before the 3rd respondent for
compliance.
3. In the light of the directions issued in W.P.(C).
WP(C).No.15067 & 15649 of 2023
No.15649/2023, no further directions are
necessary in W.P.(C). No.15067/2023.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.15067 & 15649 of 2023
APPENDIX OF WP(C) 15067/2023
PETITIONER EXHIBITS
ExhibitP1 TRUE COPY OF AGREEMENT NO.06/SE/
PHCK/2021-22 FOR WORKS DATED
28/06/2021 SIGNED BETWEEN THE
PETITIONER AND 3RD RESPONDENT
Exhibit P2 TRUE COPY OF ABSTRACT OF AGREEMENT NO.
PHCK/A3/1515/2019/PH2/AY1 DATED
19/07/2021 ISSUED BY THE 3RD
RESPONDENT
Exhibit P3 TRUE COPY OF ORDER NO.
PHCK/A3/1515/2019/PH2/AY1 DATED
04/09/2022 ISSUED BY THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 10/10/2022 ISSUED
BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P5 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 10/10/2022 ISSUED
BY THE PETITIONER TO THE 2ND
RESPONDENT/CHIEF ENGINEER, KWA,
THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 17/10/2022 ISSUED
BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P7 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 17/10/2022 ISSUED
BY THE PETITIONER TO THE 2ND
RESPONDENT/CHIEF ENGINEER,
THIRUVANANTHAPURAM
Exhibit P8 TRUE COPY OF THE LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 17/10/2022 ISSUED
BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P9 TRUE COPY LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 20/10/2022 ISSUED
BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P10 TRUE COPY OF EXTRACT OF THE MINUTES OF
WP(C).No.15067 & 15649 of 2023
THE MEETING HELD ON 11/01/2023 IN THE
CHAMBER OF THE 2ND RESPONDENT/CHIEF
ENGINEER
Exhibit P11 TRUE COPY OF EXTRACT MINUTES OF THE
MEETING HELD ON 28/02/2023 IN THE
CHAMBER OF THE 4TH
RESPONDENT/EXECUTIVE ENGINEER,
KOTTAYAM
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
12/04/2023 TO THE 3RD RESPONDENT
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED
13/04/2023 TO THE DISTRICT COLLECTOR,
KOTTAYAM
Exhibit P14 TRUE COPY OF REPRESENTATION DATED
28/04/2023 GIVEN TO THE MANAGING
DIRECTOR OF KERALA WATER AUTHORITY
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED
28/04/2023 GIVEN TO THE 2ND RESPONDENT
Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED
28/04/2023 GIVEN TO THE 3RD RESPONDENT
Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED
28/04/2023 GIVEN TO THE 4TH RESPONDENT
WP(C).No.15067 & 15649 of 2023
APPENDIX OF WP(C) 15649/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF AGREEMENT NO.06/SE/
PHCK/2021-22 FOR WORKS DATED
28/06/2021 SIGNED BETWEEN THE
PETITIONER AND 3RD RESPONDENT
Exhibit P2 TRUE COPY OF ABSTRACT OF AGREEMENT NO.
PHCK/A3/1515/2019/PH2/AY1 DATED
19/07/2021 ISSUED BY THE 3RD
RESPONDENT
Exhibit P3 TRUE COPY OF ORDER NO.
PHCK/A3/1515/2019/PH2/AY1 DATED
04/09/2022 ISSUED BY THE 3RD
RESPONDENT
Exhibit P4 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 10/10/2022 ISSUED
BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P5 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 10/10/2022 ISSUED
BY THE PETITIONER TO THE 2ND
RESPONDENT/CHIEF ENGINEER, KWA,
THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 17/10/2022 ISSUED
BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P7 TRUE COPY OF LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 17/10/2022 ISSUED
BY THE PETITIONER TO THE 2ND
RESPONDENT/CHIEF ENGINEER,
THIRUVANANTHAPURAM
Exhibit P8 TRUE COPY OF THE LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 17/10/2022 ISSUED
BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P9 TRUE COPY LETTER JBEC/AGMNT NO.
06/2021 - 22 DATED 20/10/2022 ISSUED
BY THE PETITIONER TO THE 3RD
RESPONDENT
WP(C).No.15067 & 15649 of 2023
Exhibit P10 TRUE COPY OF EXTRACT OF THE MINUTES OF
THE MEETING HELD ON 11/01/2023 IN THE
CHAMBER OF THE 2ND RESPONDENT/CHIEF
ENGINEER
Exhibit P11 TRUE COPY OF EXTRACT MINUTES OF THE
MEETING HELD ON 28/02/2023 IN THE
CHAMBER OF THE 4TH
RESPONDENT/EXECUTIVE ENGINEER,
KOTTAYAM
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
12/04/2023 TO THE 3RD RESPONDENT
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED
13/04/2023 TO THE DISTRICT COLLECTOR,
KOTTAYAM
Exhibit P14 TRUE COPY OF REPRESENTATION DATED
28/04/2023 GIVEN TO THE MANAGING
DIRECTOR OF KERALA WATER AUTHORITY
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED
28/04/2023 GIVEN TO THE 2ND RESPONDENT
Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED
28/04/2023 GIVEN TO THE 3RD RESPONDENT
Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED
28/04/2023 GIVEN TO THE 4TH RESPONDENT
Exhibit P18 TRUE COPY OF THE ORDER NO.
PHCK/A3/1515 /2019/PH2/AY1DATED
04/05/2023 PASSED BY THE 3RD
RESPONDENT
Exhibit P19 TRUE COPY OF THE INTERIM ORDER DATED
05/05/2023 IN WP(C) NO.15067 OF 2023
PASSED BY THE THIS HON'BLE COURT
