Kerala High Court
Muhammed Resmil N.A vs The Kerala Water Authority on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
WP(C) NO. 31045 OF 2023
PETITIONER:
MUHAMMED RESMIL N.A, AGED 36 YEARS,
S/O. ABDUL KHADER, NALAKATH HOUSE,
CHAKKAMKANDAM P.O, GURUVAYOOR,
THRISSUR DISTRICT., PIN - 680522.
BY ADVS.JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
KEERTHY RAJ
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, HIGH ROAD,
SAKTHAN THAMPURAN NAGAR,
THRISSUR DISTRICT, PIN - 680001.
3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY,
OFFICE OF THE EXECUTIVE ENGINEER,
PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY,
THRISSUR, THRISSUR DISTRICT, PIN - 680121.
SRI. V.V.JOSHY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31045 OF 2023
-2-
JUDGMENT
The petitioner impugns Ext.P6 order, through
which, he has been asked to furnish Performance
Guarantee of 5% of the contract sum; and says
that this is illegal and unlawful because Ext.P5
Government Order makes it limpid that the
benefits earlier granted, during COVID-19
pandemic has been extended until March 2024.
2. Sri.Jacob Sebastian - learned counsel
for the petitioner, also added that, since his
client is entitled to the benefits of the
declarations of a learned Division Bench of this
Court in W.A.No.717/2023 and connected cases,
the insistence of the Kerala Water Authority
(KWA) that his client should furnish an
Additional Performance Guarantee is also
illegal. He, therefore, prayed that Ext.P6, to
the extent to which it is impugned, be set
aside; and the KWA be directed to allow his
WP(C) NO. 31045 OF 2023
client to execute the contract, offering
Performance Guarantee at the rate of 3% of the
contract sum, without insisting on an Additional
Performance Guarantee.
3. Sri.V.V.Joshy - learned Standing Counsel
for the KWA, conceded that Ext.P5 Government
Order extends the benefit of reduction in the
Performance Guarantee until March, 2024. He
submitted that, therefore, this benefit can
certainly be given to the petitioner; but with
respect to his plea for exemption from the
Additional Performance Guarantee, he submitted
that competent Authority will consider the same
in the light of the judgment of the learned
Division Bench, particularly because several
germane facts have to be looked into, including
the nature of the bid and the amount offered.
Taking note of the afore submissions, I
order this writ petition and direct the
WP(C) NO. 31045 OF 2023
competent Authority of the KWA to allow the
petitioner to execute a contract in terms of
law, furnishing Performance Guarantee at the
rate of 3%. While doing so, the said Authority
will also consider the claim of the petitioner
against the imposition of Additional Performance
Guarantee, adverting to the decision of the
learned Division Bench and examining all
relevant aspects, including the amount of the
bid offered by him.
The afore shall be done, as expeditiously as
is possible, but not later than two weeks from
the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 31045 OF 2023
APPENDIX OF WP(C) 31045/2023
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE OFFICIAL
MEMORANDUM DATED 12.11.2020 ISSUED BY
THE GOVERNMENT OF INDIA; MINISTRY OF
FINANCE.
EXHIBIT-P2 A TRUE COPY OF THE G.O.(P)
NO.7/2021/FIN. DATED 07.01.2021.
EXHIBIT-P3 A TRUE COPY OF THE OFFICIAL
MEMORANDUM DATED 30.12.2021 ISSUED BY
THE GOVERNMENT OF INDIA, MINISTRY OF
FINANCE.
EXHIBIT-P4 A TRUE COPY OF THE G.O.(P)
NO.32/2022/FIN DATED 15.03.2022.
EXHIBIT-P5 A TRUE COPY OF THE G.O.(P)
NO.95/2023/FIN DATED 07.09.2023.
EXHIBIT-P6 A TRUE COPY OF THE SELECTION NOTICE
(LETTER OF ACCEPTANCE) DATED
14.09.2023 RELATING TO THE WORK
NAMELY JAL JEEVAN MISSION (JJM)
AUGMENTATION OF PRWSS PROVIDING
PIPELINE IN PUNAYYUR PANCHAYATH PHASE
III PART VI GENERAL CIVIL WORK.
EXHIBIT-P7 A TRUE COPY OF THE G.O.(P)
NO.429/2015/FIN. DATED 28.09.2015
ISSUED BY FINANCE DEPARTMENT
(INDUSTRIES & PUBLIC WORKS-B) IN
GOVERNMENT.
EXHIBIT-P8 A TRUE COPY OF THE G.O.(P)
NO.19/2016/FIN. DATED 03.02.2016
ISSUED BY FINANCE DEPARTMENT
(INDUSTRIES & PUBLIC WORKS-B) IN
GOVERNMENT.
WP(C) NO. 31045 OF 2023
EXHIBIT-P9 A TRUE COPY OF THE G.O.(P)
NO.1/2019/FIN. DATED 10.01.2019
ISSUED BY FINANCE DEPARTMENT
(INDUSTRIES & PUBLIC WORKS-B) IN
GOVERNMENT.
