Mohanan.V vs Kerala Water Authority
2023 Latest Caselaw 9971 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                      WP(C) NO. 30446 OF 2023
PETITIONER:
          MOHANAN.V, AGED 49 YEARS, S/O.P.V.GOVINDAN,
          RESIDING AT JISHNU NIVAS, MATTANUR.P.O., KANNUR.,
          PIN - 670702
             BY ADVS.
             P.SHANES METHAR
             N.KRISHNA PRASAD

RESPONDENTS:
    1     KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING
          DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS,
          VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
     2     THE SUPERINTENDING ENGINEER, OFFICE OF THE
           SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY,
           PUBLIC HEALTH CIRCLE (KOZHIKODE), MALAPARAMBA.P.O.,
           KOZHIKODE: 673009, PIN - 673009


             SRI. V.V.JOSHY, SC

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.09.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30446 OF 2023 & 30492 OF 2023
                                    2



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA,
                                   1945
                       WP(C) NO. 30492 OF 2023
PETITIONER:
         MOHANAN.V,AGED 49 YEARS,S/O.P.V.GOVINDAN,
         RESIDING AT JISHNU NIVAS, MATTANUR.P.O.,
         KANNUR., PIN - 670702
               BY ADVS.
               P.SHANES METHAR
               N.KRISHNA PRASAD

RESPONDENTS:
    1    KERALA WATER AUTHORITY,REPRESENTED BY ITS
         MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY
         HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN
         - 695033
    2          THE SUPERINTENDING ENGINEER,OFFICE OF THE
               SUPERINTENDING ENGINEER, KERALA WATER
               AUTHORITY, PUBLIC HEALTH CIRCLE, THANA,
               KANNUR., PIN - 670012


               SRI. V.V.JOSHY, SC

        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   18.09.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30446 OF 2023 & 30492 OF 2023
                                    3




                           JUDGMENT

When these matters were called today, Sri.V.V.Joshy -

learned Standing Counsel for the Kerala Water Authority

(KWA), conceded that the issues projected in these cases are

covered by Ext.P5 judgment of a learned Division Bench of

this Court in W.A.No.725/2023 and connected cases. He

added that therefore, if this Court is so inclined, Competent

Authority of the KWA will consider the claim of the petitioner

qua issue of 'Additional Performance Guarantee', while

executing the contract.

Taking note of the afore submissions, and since there is

no dispute that Ext.P5 judgment covers the field, I allow

these Writ Petitions and direct the Competent Authority of

the 1st respondent - Kerala Water Authority, to consider the

claim of the petitioner with respect to 'Additional Performance

Guarantee' and execute necessary agreements, without any

avoidable delay, but not later than three weeks from the date

of reciept of a copy of this judgment.

Needless to say, the impugned demand for Performance

Guarantee, at the rate of 5%, will also be reconsidered by the WP(C) NO. 30446 OF 2023 & 30492 OF 2023

Competent Authority, adverting to Ext.P3 Government Order,

while the afore exercise is completed.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO. 30446 OF 2023 & 30492 OF 2023

APPENDIX OF WP(C) 30446/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF NIT

- E- TENDER NO.SE/PHC/KKD/55/2023-24 DATED 11.08.2023 PUBLISHED BY THE SECOND RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE (E-TENDER NO WRD/KWA-

CE(NR)/TR/13971/2023_26_1_1/1 DATED 07-09-2023 ISSUED BY THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE G.O.(P) NO. 7/2021/ FIN DATED 07.01.2021 Exhibit P4 TRUE COPY OF THE G.O.(P) NO.

95/2023/FIN DATED 07.09.2023 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 14.8.2023 IN WA.NO.725 OF 2023 AND CONNECTED CASES WP(C) NO. 30446 OF 2023 & 30492 OF 2023

APPENDIX OF WP(C) 30492/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF NIT

- E- TENDER NO. NO. 111/2023-

24/PHC/KNR (WRD/KWA-

CE(NR)/TR/15560/2023_26_3_2/1) PUBLISHED BY THE SECOND RESPONDENT I Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE (WRD/KWA-CE(NR)/TR/15560/2023_26_3_2/1 DATED 04-09-2023 ISSUED BY THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE G.O.(P) NO. 7/2021/ FIN DATED 07.01.2021 Exhibit P4 TRUE COPY OF THE G.O.(P) NO.

95/2023/FIN DATED 07.09.2023 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 14.8.2023 IN WA.NO.725 OF 2023 AND CONNECTED CASES

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN