M. Hassan vs Government Of India
2023 Latest Caselaw 2944 Ker

WP(C) No.8528/2023                       1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
             Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
                              WP(C) NO. 8528 OF 2023
   PETITIONER:

          M. HASSAN, AGED 66 YEARS, S/O. LATE MUSTHAFA, CONTRACTOR,
          CHIRAPPULLY HOUSE, KANJIRAKKAD, RAYONPURAM P.O., PERUMBAVOOR - VIA,
          ERNAKULAM DISTRICT. , PIN - 683543

   RESPONDENT:

      1. GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
         FINANCE, DEPARTMENT OF EXPENDITURE, PROCUREMENT POLICY DIVISION,
         512, LOK NAYAK BHAWAN, NEW DELHI. , PIN - 110003
      2. DEPUTY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE,
         DEPARTMENT OF EXPENDITURE, PROCUREMENT POLICY DIVISION, 512, LOK
         NAYAK BHAWAN, NEW DELHI. , PIN - 110003
      3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
      4. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, KOCHI .,
         PIN - 682011

        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 4th respondent to permit the petitioner to execute
   the agreement,provisionally,in pursuance to Ext.P1 Selection
   Notice,without furnishing additional 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 o
   SRI. BABU JOSEPH KURUVATHAZHA Advocate for the petitioner,CENTRAL
   GOVERNMENT COUNSEL for R1 and R2 and of SRI.GEORGE JOHNY,STANDING COUNSEL
   for R4, the court passed the following:




                                                      P.T.O
 WP(C) No.8528/2023                         2/3

                                       ORDER

I have heard learned counsel for petitioer Sri.Babu Joseph Kuruvathazha,learned Standing Counsel for Water Authority-Sri.Georgie Johny,learned CGC and perused the pleadings and material on record.

The subject issue raised in this Writ Petition is in relation to the additional performance guarantee to be furnished by the petitioner,who was awarded with a contract,by the Kerala Water Authority,on the basis of the Government Order issued by the State Government to get over the problems faced by the contractors consequent to COVID-19 pandemic.

The case levelled by the petitioner is that the Central Government has issued a notification directing the State Government to waive the additional performance guarantee in all the contracts.

The subject issue was heard in a batch of writ petitions and they are reserved for judgment.This writ petition is also taken for judgment.

                                                 Sd/- SHAJI P.CHALY JUDGE




13-03-2023                   /True Copy/                            Assistant Registrar
 WP(C) No.8528/2023                 3/3

                      APPENDIX OF WP(C) 8528/2023
Exhibit P1           TRUE COPY OF THE SELECTION NOTICE DATED 8.3.2023 ISSUED
                     BY THE 4TH RESPONDENT.