Kerala High Court
Abu Mathew vs Kerala Water Authority on 20 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WP(C) NO. 6625 OF 2024
PETITIONER:
ABU MATHEW, AGED 71 YEARS, S/O MATHEW,
KARAMEL KOYIKEL HOUSE, KARIKODE POST,
PERUVA, KOTTAYAM, PIN - 686610
BY ADVS.
ANIL GEORGE
JOBY JACOB PULICKEKUDY
SMITHA PHILIPOSE
ASHIK TOM
AAKHIL MOHAMMED.P.M
ALEX KEVIN GEORGE
RESPONDENTS:
1 KERALA WATER AUTHORITY, REPRESENTED BY THE
MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM-, PIN - 695033
2 THE SUPERINTENDING ENGINEER, OFFICE OF THE
SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE
KERALA WATER AUTHORITY, MUVATTUPUZHA-, PIN - 686661
SRI.V.V.JOSHY - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 6625/24
2
JUDGMENT
The petitioner has approached this Court with a singular plea
that the respondent - Kerala Water Authority (KWA) be directed to
allow him to execute an agreement with them, without insisting to
furnish an 'Additional Performance Guarantee', since he has quoted
8.4% above the PAC amount mentioned in the tender.
2. Sri.Joby Jacob Pulickekudy - learned counsel for the
petitioner, submitted that his client's request for exemption from
furnishing 'Additional Performance Guarantee' has already been
answered in his favour by a learned Division Bench of this Court in
W.A.No.725 of 2023 and connected matters. He, therefore, prayed
that the Water Authority be directed to execute the contract with
his client, without insisting on 'Additional Performance Guarantee',
adverting to the afore decision, without any avoidable delay.
3. However, Sri.V.V.Joshy - learned Standing Counsel for
the KWA, responded to the afore request of the petitioner, saying
that, factually, there are differences in the situation of the
petitioner, with that which was noticed by the learned Division
Bench in the aforesaid judgment. He submitted that, therefore, this
Court may allow the competent Authority of the 'KWA' to consider
this aspect, after hearing the petitioner and then take a decision on
his eligibility for exemption from 'Additional Performance
Guarantee'.
4. There is no doubt that the afore suggestion of
Sri.V.V.Joshy is the best available because, the question whether the
afore precedent would apply to the petitioner; and, if so, the nature
of the reliefs that would be entitled to him, are matters in the
factual and documentary realm, which cannot be decided by this
Court, while acting under Article 226 of the Constitution of India, at
the first instance.
In the afore circumstances, I order this writ petition and direct
the competent Authority of the 'KWA' to hear the petitioner,
adverting to the judgment of the learned Division Bench in
W.A.No.725/2023 and connected matters; thus culminating in an
appropriate order and necessary action thereon, as expeditiously as
is possible, but not later than two weeks from the date of receipt of
a copy of this judgment.
Needless to say, depending upon the afore decision, the
contract shall be entered into by the 'KWA' with the petitioner
appropriately; for which purpose, all contentions as regards the
quantum of 'Additional Performance Guarantee', if any to be
insisted, are left open.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 6625/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE ELECTRONIC
TENDER NOTICE DATED NIL PUBLISHED BY 2ND
RESPONDENT
Exhibit P2 THE TRUE PHOTOCOPY OF LETTER OF ACCEPTANCE
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 18.01.2024
Exhibit P3 A TRUE COPY OF G. O (P) NO 168/2019 DATED
07.12.2019
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES, PAGE
NO. 1,2 AND PAGE NO. 125 TO 140 OF
JUDGMENT IN WRIT APPEAL NO.725/2023 PASSED
BY THE HONOURABLE HIGH COURT DATED
14.08.2023
