Mohammed Ashraf vs Kerala Water Authority
2024 Latest Caselaw 5606 Ker

Kerala High Court

Mohammed Ashraf 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
                          WP(C) NO. 5963 OF 2024
PETITIONER:

             MOHAMMED ASHRAF
             AGED 48 YEARS, S/O. ABDULLA KUNHI HAJI,
             EDIRTHOD HOUSE, EDNEER.P.O.,
             KASARGOD, PIN - 671541
             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, P.H CIRCLE-KANNUR,
             THANA, KANNUR, PIN - 670012
             BY ADV.
             SRI.V.V.JOSHY, SC



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    16.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 5963 of 2024
                                 :2:




                           JUDGMENT

When this matter was called today, the learned Standing

Counsel for the Kerala Water Authority (KWA) - Sri.V.V.Joshy,

conceded that the issues projected in this case are covered by

Ext.P3 judgment, delivered by a learned Division Bench of this

Court. He submitted that, however, since the petitioner himself

admits that he has quoted 16% below the Probable Amount of

Contract (PAC), he is certainly obligated to offer an Additional

Performance Guarantee and that it is only the percentage that

is required to be adjudicated.

2. The learned counsel for the petitioner - Sri.P.Shanes

Methar, in reply, submitted that since his client has quoted his

tender amount at 16% below the 'PAC', only 6% of the contract

amount can be insisted from him by the 'KWA', towards

Additional Performance Guarantee, as per the aforementioned

judgment.

3. Obviously, if the above fact is true, then the competent

Authority of the 'KWA' can insist only on such apposite sum

towards Additional Performance Guarantee, as sanctioned by

the afore precedent, while executing the agreement with the

petitioner.

4. I, therefore, direct the 'KWA' to hear the petitioner and

fix the quantum of Additional Performance Guarantee to be

furnished by him, adverting to Ext.P3 judgment. This shall be

done and the necessary proceedings issued to the petitioner

within a period of two weeks from the date of receipt of a copy

of this judgment.

5. That being so ordered, the agreement in favour of the

petitioner in terms of Ext.P3 judgment will be executed by the

'KWA' within a period of two weeks from the date of the

proceedings as afore.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 5963/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE E- TENDER NO. 145/2023- 24/PHC/KNR DATED NIL (RELEVANT PAGES) PUBLISHED BY THE SECOND RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE (LOA) DATED 07.02.2024 ISSUED BY THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 14.8.2023 IN WA.NO.725 OF 2023 AND CONNECTED CASES OF HON'BLE HIGH COURT

RESPONDENTS' EXHIBITS : NIL.