Citation : 2023 Latest Caselaw 5542 Ker
Judgement Date : 2 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 2nd day of May 2023 / 12th Vaisakha, 1945
WA NO. 865 OF 2023
AGAINST JUDGMENT DATED 31.03.2023 IN WP(C) 3196/2023 OF THIS COURT
APPELLANT/PETITIONER:
M/S. SURENDRA INFRASTRUCTURE PVT. LTD., HEAD OFFICE, 9, EZRA
STREET, 2NDFLOOR, KOLKATA - 700001, REPRESENTED BY ITS SITE
ENGINEER, P.S. SURESH, AGED 58 YEARS, PULATTU HOUSE, THOTTKATTUKARA,
ALUVA - 683108.
BY ADVS.M/S. GEORGE MATHEW, M.D.SASI KUMAR, A.G.SUNIL KUMAR,
K.T.MATHEW, K.V.GEORGE, STEPHY K. REGI & ADARSH KURIAN
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695001.
2. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD
OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.
3. THE SUPERINTENDING ENGINEER ,OFFICE OF THE SUPERINTENDING ENGINEER,
P.H. CIRCLE, KERALA WATER AUTHORITY, HOSPITAL ROAD, ERNAKULAM -
682011.
BY GOVERNMENT PLEADER FOR R1
STANDING COUNSEL SRI.P.M.JOHNY FOR R2 & R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order staying the operation and implementation of judgment
dtd.31.03.2023 in W.P.(C) No.3196 of 2023 of the learned Single Judge,
pending disposal of this Writ Appeal in the interest of justice.
This Writ Appeal coming on for admission along wtih connected cases
on 02/05/2023 upon perusing the appeal memorandum, the court on the same
day passed the following:
P.T.O.
N.NAGARESH
&
MOHAMMED NIAS C.P., JJ.
---------------------------------------------
W.A.Nos.861, 864, 865, 873, 875,
876 & 879 of 2023
----------------------------------------------
Dated this the 2nd day of May, 2023
ORDER
N.Nagaresh, J
Admit.
Sri.P.M.Johny, the learned Standing Counsel takes
notice for the Kerala Water Authority in all the cases. The
learned Government Pleader takes notice for the 1 st
respondent in W.A.No.865 of 2023.
In view of the interim order passed by the Division
Bench of this Court in W.A.No.857 of 2023 dated 25.04.2023,
there will be interim orders in these writ appeals also,
permitting the appellants to proceed with the work on
executing a simple bond within a period of one week from
today undertaking to furnish additional performance
guarantee as and when this Court directs and on the further W.A.Nos.861, 864, 865, 873, 875, 876 & 879 of 2023 ..2..
condition that the final bill will not be released without orders
of this Court.
Sd/-
N.NAGARESH, JUDGE
Sd/-
MOHAMMED NIAS C.P., JUDGE AS
02-05-2023 /True Copy/ Assistant Registrar
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