Mahin K vs Kerala Water Authority
2023 Latest Caselaw 9811 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                 &
            THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                                1945
                       WA NO. 1588 OF 2023
  AGAINST THE ORDER IN WP(C) 28969/2023 OF HIGH COURT OF
                               KERALA
APPELLANT/PETITIONER:


            MAHIN K., AGED 42 YEARS, S/O. AMU, CONTRACTOR,
            JASEELA MANZIL, STAR NAGAR, BEVINJE, THEKKIL
            FERRY P.O., KASARAGOD DISTRICT., PIN - 671 541

            BY ADVS.
            BABU JOSEPH KURUVATHAZHA
            ARCHANA K.S.
            MOHAMMED SHAFI.K
            NOEL EALIAS


RESPONDENTS/RESPONDENTS:


    1       KERALA WATER AUTHORITY, JALA BHAVAN, NANDAVANAM,
            VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY
            ITS MANAGING DIRECTOR., PIN - 695 033

    2       SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY,
            P.H. CIRCLE, KANNUR., PIN - 670 012

            BY ADV. GEORGIE JOHNY


     THIS    WRIT   APPEAL   HAVING    COME   UP   FOR   ADMISSION   ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.1588 of 2023
                                2



                          JUDGMENT

Dated this the 13th day of September 2023

V.G. Arun, J.

The challenge in this writ appeal is against the interim

order granted in the writ petition filed by the appellant, to

the extent the prayer for reducing the performance

guarantee from 5% to 3%, while executing the agreement, in

the light of Exhibit P4, is declined.

2. When the appeal was taken up for consideration, the

learned counsel for the appellant made available a copy of

G.O.(P)No.95/2023/FIN dated 07.09.2023 issued by the

Government of Kerala adopting the relaxations granted in

Exhibit P4. As the Kerala Water Authority is bound by the

above-mentioned Government Order, nothing survives for

consideration in this writ appeal.

The writ appeal is accordingly closed, granting the

appellant a week's time, from the date of receipt of a copy of W.A.No.1588 of 2023

this judgment, for executing the agreement.

Pending interlocutory applications, if any, shall stand

closed.

Sd/-

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge vpv

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P.A. to Judge