Unnikrishnan Nair. B vs The Kerala Water Authority
2023 Latest Caselaw 5641 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. 938 OF 2023

    AGAINST JUDGMENT DATED 28.03.2023 IN WP(C) 32029/2022 OF THIS COURT

APPELLANT/PETITIONER:

     UNNIKRISHNAN NAIR. B, S/O.BHASKARAN PILLAI, AGED 55 YEARS
     ,SAROVILLA, KADAVILA, VANCHIYOOR P.O, ATTINGAL, THIRUVANANTHAPURAM
     DISTRICT- 695102.

BY ADVS.M/S.SIJU KAMALASANAN, S.ABHILASH & ANJANA KANNATH

RESPONDENTS:

  1. THE KERALA WATER AUTHORITY ,JALABHAVAN, VELLAYAMBALAM P.O,
     THIRUVANANTHAPURAM-695 010, REPRESENTED BY ITS MANAGING DIRECTOR.
  2. THE SUPERINTENDING ENGINEER ,KERALA WATER AUTHORITY, PUBLIC HEATH
     CIRCLE, KOLLAM - 691001.

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 pass an order staying Annexure -A1 order insisting remittance of
additional performance guarantee and to stay the implementation of
impugned judgment dated 28.03.2023 in WP(C) No.32029/2022, pending
disposal of the 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.
 ANNEXURE A1:THE COPY OF NOTICE DATED 23.04.2023   ISSUED BY

THE 2ND RESPONDENT TO THE APPELLANT/PETITIONER.

                             ---
                           DEVAN RAMACHANDRAN,
                                       &
                             SOPHY THOMAS, JJ.
                      =========================
                              W.A.No.938 OF 2023
                     ==========================
                      Dated this the 12th day of May, 2023

                                          ORDER

Devan Ramachandran, J.

We have heard the learned counsel for the appellant -

Sri.Siju Kamalasanan 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