Thampi C.T vs State Of Kerala
2024 Latest Caselaw 4820 Ker

Kerala High Court

Thampi C.T vs State Of Kerala on 7 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                        WP(C) NO. 4816 OF 2024
PETITIONER:

          THAMPI C.T., AGED 58 YEARS
          C/O. T.D. THARAKAN, THARAKAN HOUSE, LALOOR ROAD,
          AYYATHOLE P.O., THRISSUR - 680 005, RESIDING AT
          CHACKALACKAL HOUSE, KARIPPAKUNNU, PATTIKADU POST,
          THRISSUR DISTRICT, PIN - 680652

          BY ADVS.
          GEORGE MATHEW
          SUNIL KUMAR A.G
          MATHEW K.T.
          GEORGE K.V.
          STEPHY K REGI
          MEDHA B.S.



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY ITS SECRETARY, WATER
          RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     KERALA WATER AUTHORITY
          REP. BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALA
          BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033

    3     THE SUPERINTENDING ENGINEER, OFFICE OF THE
          SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.
          CIRCLE, KALMANDAPAM, PALAKKAD DISTRICT, PIN - 678001

    4     THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE
          ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY,
          KALMANDAPAM, PALAKKAD DISTRICT, PIN - 678001

    5     EXECUTIVE ENGINEER
          OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION DIVISION,
          MALAMPUZHA PALAKKAD DISTRICT, PIN - 678008

    6     KERALA INFRASTRUCTURE FUND BOARD (KIIFB)
          REP. BY ITS. CHIEF EXECUTIVE OFFICER, FELICITY 2ND
          SQUARE, MAHATMA GANDHI ROAD, STATUE,
 WP(C) NO. 4816 OF 2024
                                     2


             THIRUVANANTHAPURAM, PIN - 695001

             SRI. GEORGIE JOHNY, SC




      THIS     WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   07.02.2024,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 4816 OF 2024
                                3


                            JUDGMENT

Even though the petitioner impugns Exts.P7 and P8 on

various grounds, when this matter was called today, Sri.Sunil

Kumar A.G. appearing for the petitioner, confined his plea

that if this Court is so inclined, the competent Authority of the

Kerala Water Authority (KWA) be directed to take up Ext.P6

representation of his client and dispose it of dispassionately,

de hors the impugned orders.

2. Sri.Georgy Johny - learned standing counsel for the

KWA, submitted that, normally, in matters relating to

contract, it are the terms and covenants of the agreement that

apply. He conceded that the tender appears to have been

settled based on the 2016 Daily Schedule of Rates, but that

any variation therefrom can only be done as per law and in

terms of the manner as stipulated between the parties in the

contract itself. He submitted that, therefore, if this Court is

so inclined, then Ext.P6 can be considered by the third

respondent; however, praying that no affirmative declarations

being made in his favour in this judgment.

3. In the afore circumstances and since this Court is also WP(C) NO. 4816 OF 2024

of the opinion that it will not be prudent for me to enter into

the contractual arena of the parties on its merits at the first

instance, particularly when this is a writ petition under Article

226 of the Constitution of India, I am of the view that the third

respondent must be directed to consider Ext.P6, leaving

liberty to the petitioner to persuade him to take appropriate

action, as may be legally warranted.

In the afore circumstances, I allow this writ petition and

direct the third respondent to take up Ext.P6 representation

of the petitioner and dispose it of, after hearing him, but de

hors Exts.P7 and P8; thus culminating in an appropriate order

and necessary action thereon, as expeditiously as is possible,

but not later than one month from the date of receipt of a

copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 4816 OF 2024

APPENDIX OF WP(C) 4816/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF WORK ORDER NO. KWA/PHC/ PKD/KIIB /VANDAZHY-PH-II-PACKAGE-I DTD. 13.03.2020 ISSUED BY 4TH RESPONDENT

Exhibit P2 TRUE COPY OF LETTER NO.KWA/PD/CTR/ DB 156/2019(I) DTD. 06.05.2023 ISSUED BY 4TH RESPONDENT

Exhibit P3 TRUE COPY OF LETTER DTD. 09.05.2023 SUBMITTED BY PETITIONER TO 4TH RESPONDENT

Exhibit P4 TRUE COPY OF LETTER NO.

KWA/PD/CTR/DB/736/VANDAZHY/PHASE- II/PACKAGE-I DTD. 10.05.2023 ISSUED BY 4TH RESPONDENT TO 5TH RESPONDENT

Exhibit P5 TRUE COPY OF LETTER NO. KWA/PD/CTR/DB-

156/2019 DTD. 11.05.2023 ISSUED BY 4TH RESPONDENT TO PETITIONER

Exhibit P6 TRUE COPY OF REPRESENTATION DTD.

01.09.2023 SUBMITTED BY PETITIONER WITH 3RD RESPONDENT

Exhibit P7 TRUE COPY OF LETTER NO.

KWA/PD/CTR/DB/156/2019 DTD. 11.10.2023 ISSUED BY 4TH RESPONDENT TO PETITIONER

Exhibit P8 TRUE COPY OF LETTER NO.

KWA/PHC/PKD/KIIFB/VANDAZHI/PH-II- PACKAGE-I DTD. 24.01. 2024 ISSUED BY 3RD RESPONDENT TO PETITIONER

Exhibit P9 TRUE COPY OF LETTER DTD.30.12.2022 SUBMITTED BY PETITIONER TO 3RD RESPONDENT