Kerala High Court
M/S. Chicago Constructions ... vs Kerala Water Authority on 16 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
W.P.(C) NO.3560 OF 2024
PETITIONER:
M/S. CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR,
S.MOHANA KUMAR,
AGED 60 YEARS, SON OF SADASIVAN,
HAVING ITS REGISTERED OFFICE AT TC 22/2703,
CHITIRA LANE, KOCHAR ROAD, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN-695 010.
BY ADVS.N.KRISHNA PRASAD
P.SHANES METHAR
RESPONDENTS:
1 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
JALA BHAVAN, OBSERVATORY HILLS,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN-695 033.
2 THE SUPERINTENDING ENGINEER,
OFFICE OF THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY,
P.H.CIRCLE, KOTTAYAM, PIN-686 002.
3 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,
PROJECT DIVISION, KOTTAYAM, PIN-686 002.
SRI. GEORGIE JOHNY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.3560 OF 2024
JUDGMENT
Dated this the 16th day of February, 2024
When this matter was called today, learned counsel for
the petitioner submitted, that since the Kerala Water
Authority have issued Ext.P14, his client will accede to the
condition therein and prayed that this writ petition be thus
ordered.
2. Sri. Georgie Johny - learned Standing Counsel for
the Kerala Water Authority, in response to the afore
submissions of Sri N. Krishna Prasad - learned counsel for the
petitioner also affirms that Ext.P14 covers the field.
3. In the above circumstances, I allow this writ
petition directing the parties to act as per Ext.P14.
Needless to say, if any further clarification is required in
future, the parties are at liberty to approach this Court
appropriately.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
W.P.(C) NO.3560 OF 2024
APPENDIX OF WP(C) 3560/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE WORK ORDER DATED
22.7.2020 ALONG WITH THE ACCEPTED
SCHEDULE
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE
SECOND RESPONDENT DATED 17.12.2022
Exhibit P3 TRUE COPY OF THE STATEMENT SHOWING
THE AMOUNTS RETAINED BY THE
RESPONDENTS TOWARDS RETENTION, TRIAL
RUN AND MAINTENANCE
Exhibit P4 TRUE COPY OF THE REPRESENTATION OF
THE PETITIONER ADDRESSED TO THE
THIRD RESPONDENT DATED 16.12.2023
Exhibit P5 TRUE COPY OF THE RELEVANT EXTRACT OF
VOLUME 1 OF THE NIT CONDITIONS
Exhibit P6 TRUE COPY OF THE BREAK OF INTERIM
PAYMENTS AS APPROVED BY THE
COMPETENT AUTHORITY
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WRIT
PETITION (CIVIL) NO. 3766/2020 DATED
08/01/2021
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
15/02/2022 IN WRIT PETITION (CIVIL)
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED
05/06/2023 IN WRIT PETITION (CIVIL)
Exhibit P10 TRUE COPY OF TREASURY DEPOSIT
RECEIPT NO. JL 0241704 DATED
12.08.2020
Exhibit P11 TRUE COPY OF THE BANK GUARANTEE
DATED 10.08.2020
W.P.(C) NO.3560 OF 2024
Exhibit P12 TRUE COPY OF THE COVERING LETTER
DATED 18.08.2020 ISSUED BY THE
FEDERAL BANK TO THE SECOND
RESPONDENT
Exhibit P13 TRUE COPY OF THE RENEWAL LETTER
DATED 08.12.2022 ISSUED TO THE
SECOND RESPONDENT BY THE BANK WITH
COVERING LETTER
Exhibit P14 TRUE COPY OF THE COMMUNICATION DATED
27.1.2024
