Annai Infra Developers Limited vs Kerala Water Authority
2023 Latest Caselaw 3101 Ker

Citation : 2023 Latest Caselaw 3101 Ker
Judgement Date : 21 March, 2023

Kerala High Court

Annai Infra Developers Limited vs Kerala Water Authority on 21 March, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
                        WP(C) NO. 20791 OF 2022
PETITIONER/S:

          ANNAI INFRA DEVELOPERS LIMITED
          REPRESENTED BY ITS AUTHORISED SIGNATORY MR. T.
          RAJENDRAN, PROJECT MANAGER, # 2/9, AN TOWERS,
          DR.SATHYAMOORTHY HOSPITAL OPP ROAD, 2/5, PERUNDURAI
          ROAD, P.O ERODE, TAMIL NADU - 638 011
          BY ADVS.
          ARUN KRISHNA DHAN
          T.K.SANDEEP
          ARJUN SREEDHAR
          VEENA HARIKUMAR
          ALEX ABRAHAM


RESPONDENT/S:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
          JALABHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM - 695
          033
    2     CHIEF ENGINEER,
          KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM P.O,
          THIRUVANANTHAPURAM - 695 033
    3     THE SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY, OFFICE OF SUPERINTENDING
          ENGINEER, PUBLIC HEALTH CIRCLE, THIRUVALLA P.O,
          PATHANAMTHITTA, KERALA - PIN 689 101
    4     THE EXECUTIVE ENGINEER,
          PROJECT DIVISION, KERALA WATER AUTHORITY, ADOOR P.O,
          PATHANAMTHITTA, KERALA-691523
    5     NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT
          REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR ,HEAD
          OFFICE AT PLOT C-24, G BLOCK, BANDRA KURLA COMPLEX, BKC
          ROAD, BANDRA EAST, MUMBAI, MAHARASHTRA -400051.

          BY SRI. V.V.JOSHI, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20791 OF 2022
                                    -2-

                            JUDGMENT

Petitioner is a class A contractor, engaged by the Kerala Water

Authority, for the work "NABARD RIDF XXIV WSS to Seethathode &

Nilakkal Plapally Area", for a work value of Rs.56,51,79,165/- (Rupees

Fifty Six Crore Fifty One Lakhs Seventy Nine Thousand One Hundred

and Sixty Five only). Apparently, from the documents produced and

the communications and correspondences exchanged by the parties, it

is clear that dispute arose during the pendency of the contract. Since

the subject issue was relating to the supply of water to Sabarimala,

there are some pending proceedings before the Division Bench

hearing Devaswom matters. Anyhow, in this writ petition, by Ext.P17,

contract awarded to the petitioner was terminated assigning various

reasons and it is clarified that if any objection is there for the

petitioner with respect to Ext.P17, petitioner may file the same before

the Chief Engineer (SR), then to Kerala Water Authority Board. In

compliance with the said directions, petitioner has submitted Ext.P18

before the Chief Engineer, which is pending consideration.

2. Even though various contentions are raised, the learned

Counsel for the petitioner submitted that the petitioner would be WP(C) NO. 20791 OF 2022

satisfied if a direction is issued to consider Ext.P18, by the Chief

Engineer.

3. I have heard the learned Counsel for the petitioner Sri. James

Koshy and the learned Standing Counsel for the Kerala Water

Authority Sri. V.V.Joshy, and perused the pleadings and material on

record.

4. In view of the innocuous relief sought for to consider Ext.P18,

I am of the view that the writ petition can be disposed of. Accordingly,

the writ petition is disposed of, directing the 2 nd respondent - the

Chief Engineer, Kerala Water Authority, Thiruvananthapuram - to

consider Ext.P18 in accordance with law and take a decision, at the

earliest, and at any rate, within one month from the date of receipt of a

copy of this judgment, after providing a notice of hearing to the

petitioner and any officer concerned of the Kerala Water Authority.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE uu 21.03.2023 WP(C) NO. 20791 OF 2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE PETITIONER COMPANY DATED 10.09.2021 Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 22.11.2019 ALONG RELEVANT PAGES OF CONDITIONS OF CONTRACT & NOTICE INVITING TENDER (NIT), EXECUTED BETWEEN THE PETITIONER AND KWA Exhibit P3 TRUE COPY OF THE 3RD RA BILL SUBMITTED THE PETITIONER DATED 08.10.2021 ALONG WITH THE APPROVAL LETTER DATED 30.11.2021 Exhibit P4 TRUE COPY OF THE 4TH R.A BILL SUBMITTED VIDE LETTER DATED AIDL/TD/NSP/01/2022 DATED 05.01.2022 FOR AMOUNT OF RS.5,24,98,641/- ISSUED BY THE PETITIONER Exhibit P5 TRUE COPY OF THE ORDER DATED 06.03.2021 ISSUED BY THE RESPONDENT SUPERINTENDING ENGINEER KWA Exhibit P6 TRUE COPY OF THE PROJECT EXECUTION PLAN SUBMITTED BY THE PETITIONER ON 11.08.2021 Exhibit P6A A TRUE COPY OF THE LETTER DATED 23.03.2022 ISSUED BY THE 3RD RESPONDENT S.E, KWA ADMITTING TO THE DELAY IN APPROVAL OF REVISED ESTIMATE AND PAYMENT FOR ITEMS EXECUTED OUTSIDE SCOPE OF WORK Exhibit P7 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02.09.2021 ISSUED BY THE 3RD RESPONDENT, SUPERINTENDING ENGINEER, KWA Exhibit P8 TRUE COPY OF THE REPLY NO.

AIDL/NSP/KWA/71/2021 DATED 11.09.2021 ISSUED BY THE PETITIONER TO THE SUPERINTENDING ENGINEER, KWA Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 24.11.2021 IN W.P (C) NO. 19062 OF 2021 Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE NABARD SENIORITY LIST OF CONTRACTORS' WP(C) NO. 20791 OF 2022

BILLS FROM 02.11.2021 TO 31.05.2022 AS PUBLISHED ON THE OFFICIAL WEBSITE OF THE 5TH RESPONDENT Exhibit P11 TRUE COPY OF THE RELEVANT PAGE OF THE DETAILS OF RIDF ONGOING PROJECTS IN KERALA AS ON 31.03.2022 AS PUBLISHED ON THE OFFICIAL WEBSITE OF THE 5TH RESPONDENT Exhibit P12 TRUE COPY OF THE LETTER NO.AIDL/TD/NSP/09/2022 DATED 19.01.2022 ISSUED BY THE PETITIONER Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 07TH APRIL 2022 IN W.P (C) NO.2279 OF 2022 Exhibit P14 TRUE COPY OF THE LETTER NO. PDA/DB-

170/2019 DATED 18.05.2022 ISSUED BY 4TH RESPONDENT EXECUTIVE ENGINEER, KWA Exhibit P15 TRUE COPY OF THE LETTER NO.AIDL/TD/NSP/162/2022 DATED 19.05.2022 Exhibit P16 TRUE COPY OF THE LETTER DATED 06.06.2022 SUBMITTED BY THE PETITIONER TO THE S.E, KWA Exhibit P17 TRUE COPY OF THE ORDER NO. SE/PHC/TVLA-

1847/2018/VOLV DATED 15.06.2022 ISSUED BY THE 3RD RESPONDENT SUPERINTENDING ENGINEER, KWA Exhibit P18 TRUE COPY OF THE OBJECTION NO.

AIDL/TD/NSP/197/2022 DATED 18.06.2022 SUBMITTED BY THE PETITIONER (WITHOUT ENCLOSURES) Exhibit P19 TRUE COPY OF THE ORDER DATED 25.02.2022 IN SSCR NO. 10/2019 OF THE DIVISION BENCH OF THIS HON'BLE COURT Exhibit P20 TRUE COPY OF THE ORDER DATED 07.06.2022 OF DIVISION BENCH OF THIS HON'BLE COURT Exhibit P21 THE DETAILS OF THE WORKS EXECUTED FOR EACH OF THE MAJOR COMPONENTS OF THE WORKS FOR THE PROJECT BY THE PETITIONER TILL THE DATE OF TERMINATION AS PER EXT.P-17 ORDER Exhibit P22 TRUE COPY OF THE MEASUREMENT (PROVISIONAL) AND VALUE OF THE WORKS EXECUTED AFTER THE 4TH RA BILL AND TILL THE DATE OF EXT.P-17 TERMINATION ORDER WP(C) NO. 20791 OF 2022

DATED 15.06.2022 FOR TOTAL VALUE OF RS.6,48,16,158/-