Roy Varghese vs Managing Director
2023 Latest Caselaw 2963 Ker

              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. 3876 OF 2023
PETITIONER:

           ROY VARGHESE,
           AGED 47 YEARS,
           S/O. P.S VARGHESE, PUTHENVELIYIL HOUSE,
           THIRUNALLOOR P.O., CHERTHALA,
           ALAPPUZHA DISTRICT, PIN - 688 541.

           BY ADVS.
           JOMY GEORGE
           R.PADMARAJ
           R.AJITH KUMAR [V.K.EDOM]
           CHITRA N. DAS
           RISHAB S.
           FATHIMA AFEEDA P.
           RONA ANN SIBY

RESPONDENTS:

    1      MANAGING DIRECTOR,
           KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM
           TRIVANDRUM - 695 024.
    2      THE SUPERINTENDING ENGINEER,
           KERALA WATER AUTHORITY, P.H CIRCLE,
           KOLLAM - 691 001.
    3      THE EXECUTIVE ENGINEER,
           KERALA WATER AUTHORITY,
           PROJECT DIVISION, ADOOR,
           PATHANAMTHITTA - 691 523.

           BY ADV GEORGIE JOHNY, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.3876 of 2023
                                        :2:


                               SHAJI P. CHALY, J.
                   -------------------------------------------------
                           W.P.(C).No.3876 of 2023
                  --------------------------------------------------
                 Dated this the 13th day of March, 2023

                                   JUDGMENT

Petitioner is a contractor engaged by the Kerala Water Authority for

the work "RWSS to Kollam in Veechoochira Panchayath, Perunad

Panchayath (Part) & Naranamoozhu Panchayat-Construction of 3 LL

capacity sump cum pump house at Venkurinji, laying 150 mm D1 K9

clear water pumping main from Venkurinji to GLSR at Pampirikkumpara".

2. According to the petitioner, the work was completed and the bill

amounts were released; however, the security deposit, retention amount

and maintenance amount are not yet released on the ground that the

other contractors have not completed their part of work in order to

commission the project. It is thus seeking appropriate directions, the writ

petition is filed.

3. I have heard the learned counsel for the petitioner,

Sri.Jomy George and the learned Standing Counsel for the Kerala Water

Authority, Sri. Georgie Johny, and perused the pleadings and material on

record.

4. It is an admitted fact that the petitioner has completed the work

on time and the bill amounts are released to the petitioner. Only the

above specified security deposit and other amounts were not released to

the petitioner. It may be true that the project could not be commissioned,

since the other contractors have not completed the work; but the W.P.(C).No.3876 of 2023

petitioner is not expected to wait in a timeless manner in order to release

the security amount on the ground that the other contractors have not

completed the work.

5. Anyhow, the learned Standing Counsel for the Water Authority

submitted that, if the petitioner executes a simple bond undertaking to

rectify any defect when the project is commissioned, the security deposit

and other amounts will be released to the petitioner.

6. Learned counsel for the petitioner also submitted that the

petitioner is prepared to execute a simple bond in favour of the

Managing Director of the Kerala Water Authority. In that view of the

matter, the writ petition is disposed of directing the petitioner to execute

a simple bond in favour of the Managing Director of the Kerala Water

Authority undertaking to rectify any defects when the project is

commissioned, within two weeks from the date of receipt of a copy of

this judgment. I make it clear that the bond shall be for a period of

one year from the date of its execution. On the petitioner executing the

bond as directed above, the security deposit, retention amount and

maintenance amount shall be released to the petitioner, at the earliest,

at any rate within six weeks from the date of execution of the simple

bond as directed above .

The writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY, JUDGE

ak W.P.(C).No.3876 of 2023

APPENDIX OF WP(C) 3876/2023

PETITIONER EXHIBITS:-

Exhibit -P1 TRUE COPY OF AGREEMENT HAVING NO.

15/2015-16/SE/Q DATED 18.11.2015.

Exhibit- P2 TRUE COPY WORK COMPLETION CERTIFICATE DATED 28.06.2018.

Exhibit- P3 TRUE COPY OF THE VOUCHER ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO THE CC 1ST AND PART BILL.

Exhibit- P4 TRUE COPY OF THE VOUCHER ISSUED BY THE 3RD RESPONDENT WITH REGARD TO THE CC 1ST AND FINAL BILL.

Exhibit- P5 TRUE COPY OF PETITION DATED 08.10.2022 FILED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT, 2005.

Exhibit- P6 TRUE COPY OF REPLY DATED 25.10.2022 GIVEN BY THE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT.