Jose Merlin vs The Kerala Water Authority
2023 Latest Caselaw 5620 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. 937 OF 2023

     AGAINST JUDGMENT DATED 24.03.2023 IN WP(C) 452/2023 OF THIS COURT

APPELLANT/PETITIONER:

     JOSE MERLIN, AGED 51 YEARS , S/O. K.P SEBASTIAN, KONNOTH HOUSE,
     18/2368-B, THOPPUMPADY, KOCHI, ERNAKULAM DISTRICT., PIN - 682005.

BY ADVS.M/S. JACOB SEBASTIAN, WINSTON K.V & ANU JACOB

RESPONDENTS/RESPONDENTS:

  1. THE KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM P.O,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695010, REPRESENTED BY ITS
     MANAGING DIRECTOR.
  2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
     CIRCLE, OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER
     AUTHORITY, THIRUNAKKARA SOUTH ROAD, THIRUNAKKARA, KOTTAYAM DISTRICT,
     KERALA, PIN - 686001.

BY STANDING COUNSEL SRI.P.M.JOHNY

     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 permitting the petitioner to continue with work awarded
as per Exhibit-P5 without insisting on additional performance guarantee
and may also be pleased to stay the operation of the judgment dated
24.03.2023 in W.P.(C) No.452/2023 of a Learned single Judge of this
Honourable Court.
     This Writ Appeal coming on for admission on 12/05/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                    P.T.O.
 EXT.P5:A TRUE COPY OF THE SELECTION NOTICE

DATED 03.01.2023 RELATING TO JAL JEEVAN MISSION

(JJM)-PHASE IV-WSS TO KADUTHURUTHY, KALLARA &

KURAVILANGADU PANCHAYATH-KURAVILANGADU-PACKAGE 2-

PIPELINE WORK-1-LAYING PIPES AND PROVIDING FUNCTIONAL

HOUSEHOLD TAP CONNECTION IN KURAVILANGADU PANCHAYATH,

KOTTAYAM DISTRICT.

                             ---
                  DEVAN RAMACHANDRAN &
                     SOPHY THOMAS, JJ.
---------------------------------------------
              W.A.No.937 of 2023
---------------------------------------------
    Dated this the 12th day of May, 2023


                        O R D E R

Devan Ramachandran, J.

C.M.Appl.No.1/2023

Sri.P.M.Johny - learned Standing Counsel,

appears for the respondents and does not oppose

this application. Therefore, it is allowed.

Delay is thus condoned.

W.A.

Admit.

Sri.P.M.Johny appears for the respondents

and seeks time to obtain instructions.

We are aware that another learned Division

Bench of this Court has already granted an

interim order in W.A.Nos.875/2023 and connected

matters.

WA No.937/2023

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

akv

12-05-2023 /True Copy/ Assistant Registrar