K.T.Manoj vs Kerala Water Authority
2023 Latest Caselaw 10375 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                       WP(C) NO. 31994 OF 2023
PETITIONER:

          K.T.MANOJ
          AGED 47 YEARS
          S/O.THOMAS,KEECHERI HOUSE,KUPPADI P.O.,
          S.BATHERI, WAYANAD DISTRICT, PIN - 673592
          BY ADV SAJEEV KUMAR K.GOPAL


RESPONDENTS:

    1     KERALA WATER AUTHORITY
          REPRESENTED BY THE MANAGING DIRECTOR,
          JALA BHAVAN,THIRUVANANTHAURAM, PIN - 695003
    2     THE SUPERINTENDING ENGINEER
          KERALA WATER AUTHORITY, P H CIRCLE KANNUR,
          PIN - 670001
          SRI P M JOHNY-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31994 OF 2023           2

                             JUDGMENT

When this matter was called today, Sri.P.M.Johny - learned

Standing Counsel for the respondent - Kerala Water Authority,

conceded that the liability of the petitioner, to afford Additional

Performance Guarantee with respect to the contract which he has bid,

is covered by the judgment of this Court in W.A.No.725 of 2023 and

connected matters. He submitted that, therefore, this Court may allow

the competent Authority to consider the impact of the said judgment,

while entering into contract with the petitioner.

2. Sri.Sajeev Kumar K.Gopal - learned counsel for the petitioner,

submitted that his client has bid 1.4% below the Probable Amount of

Contract; and therefore, that he is not liable to furnish any Additional

Performance Guarantee.

3. Taking note of the afore rival submissions and since the

issues are fully covered by the afore mentioned precedent, I direct the

competent Authority of the Kerala Water Authority to hear the

petitioner and enter into the contract with him, insisting only on such

Performance Guarantee as is permissible under the judgment of the

learned Division Bench.

4. This 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, de

hors the fact that there is a stipulated time frame for entering the

contract may or may not have expired.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/30.9

APPENDIX OF WP(C) 31994/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 27-09-2023 Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.NO.725/2023 DATED 14-08-2023