A. Aji vs Kerala Water Authority
2023 Latest Caselaw 5623 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. 923 OF 2023

    AGAINST JUDGMENT DATED 21.03.2023 IN WP(C) 8753/2023 OF THIS COURT

APPELLANT/PETITIONER:

     A. AJI ,AGED 51 YEARS , S/O APPUKUTTAN, NELLIPARAMBU VEEDU,
     PAYATTUVILA.P.O., THIRUVANANTHAPURAM - 695501.

BY ADVS.M/S. TESSY JOSE & ELDHO PAUL

RESPONDENTS/RESPONDENTS:

  1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR,
     JALABHAVAN,    VELLAYAMBALAM, THIRUVANANTHAPURAM - 695033.
  2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
     CIRCLE, THIRUVANANTHAPURAM - 695033.

BY STANDING COUNSEL SRI.GEORGIE 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 stay the demand of additional performance guarantee to the tune of
Rs.2,08,02,300/- as demanded in Ext.P1 and may also stay the operation and
implementation of judgment dated 21.03.2023 in W.P.(C) No.8753/2023,
pending disposal of the above 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 SELECTION NOTICE ISSUED BY THE 2ND RESPONDENT

IN FAVOUR OF THE PETITIONER DATED 09.03.2023.
                   DEVAN RAMACHANDRAN,
                               &
                      SOPHY THOMAS, JJ.
              =========================
                      W.A.No.923 of 2023
             ==========================
              Dated this the 12th day of May, 2023

                            ORDER

Devan Ramachandran, J.

C.M.Appl.No.1 of 2023

Sri.Georgie Johny appears for the respondents and does

not oppose this application. Therefore, this application for

condonation of delay in filing the writ appeal is allowed.

Writ Appeal

We have heard the learned counsel for the appellant -

Smt.Tessy Jose 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;

W.A.No.923 of 2023

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