B Unnikrishnan Nair vs The State Of Kerala
2023 Latest Caselaw 5606 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
           Friday, the 12th day of May 2023 / 22nd Vaisakha, 1945
                             WA NO. 932 OF 2023

    AGAINST JUDGMENT DATED 21.03.2023 IN WP(C) 15661/2022 OF THIS COURT

APPELLANT/WRIT PETITIONER:

     B UNNIKRISHNAN NAIR, SAROVILLA, KADAVILA,VANCHIYOOR PO, ALAMCODE,
     ATTINGAL, THIRUVANANTHAPURAM DISTRICT,PIN-695102.

     BY ADVS.M/S.V.PREMCHAND & SURYA MOHAN P.

RESPONDENTS/RESPONDENTS IN WP(C):

  1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF
     WATER RESOURCES, GOVERNMENT OF KERALA, SECRETARIAT,
     THIRUVANANTHAPURAM, PIN - 695001.
  2. THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING
     DIRECTOR, THIRUVANANTHAPURAM, PIN - 695033.
  3. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN,
     THIRUVANANTHAPURAM, PIN - 695033.
  4. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
     CIRCLE, KOLLAM DISTRICT, PIN - 695001.
  5. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
     CIRCLE, KOLLAM DISTRICT, PIN - 695001.

BY GOVERNMENT PLEADER FOR R1

STANDING COUNSEL SRI.GEORGIE JOHNY FOR R2 TO R5

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue an interim direction directing respondents 1 & 2 to permit the
petitioner to execute agreement mentioned in Exhibit P1 without insisting
to furnish Additional performance guarantee pending disposal of this writ
appeal.
     This Writ Appeal coming on for orders on 12/05/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                    P.T.O.
 EXT.P1:TRUE COPY OF THE REGISTRATION CARD ISSUED BY

THE KERALA WATER AUTHORITY TO THE PETITIONER.
                           DEVAN RAMACHANDRAN,
                                       &
                             SOPHY THOMAS, JJ.
                      =========================
                              W.A.No.932 OF 2023
                     ==========================
                      Dated this the 12th day of May, 2023

                                         ORDER

Devan Ramachandran, J.

We have heard the learned counsel for the appellant -

Sri.V.Premchand and deem it appropriate to admit this appeal. It is

so ordered.

2. Sri.Georgie Johny - learned Standing Counsel for the

Kerala Water Authority seeks time to obtain instructions.

3. We are aware that another learned Division Bench of this

Court has already granted an interim order in W.A.No.875/2023

and connected matters.

In the afore circumstances, following the aforesaid order, we

record the submissions of the appellant that he has already

executed a simple bond with respect to the work in question; and

further order that he shall furnish additional performance

guarantee, depending upon the decision to be taken by this Court

in this appeal finally.

Sd/- DEVAN RAMACHANDRAN, JUDGE

Sd/- SOPHY THOMAS, JUDGE anm

12-05-2023 /True Copy/ Assistant Registrar