Kerala High Court
Lukman T vs Kerala Water Authority on 20 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 14890 OF 2024
PETITIONER:
LUKMAN T
AGED 42 YEARS, S/O SAIDALIKUTTY T,
THAMARASSERY HOUSE, CHENGOTTUR.P.O.
KOTTAKKAL, MALAPPURAM, PIN - 676503
BY ADVS.
ELDHO PAUL
TESSY JOSE
VINAY KUMAR VARMA(K/000485/2016)
RESPONDENTS:
1 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033
2 THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
MALAPPURAM, PIN - 676505
3 THE EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, P.H. DIVISION,
MALAPPURAM, PIN - 676505
4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
KERALA WATER AUTHORITY, JALABHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
SRI. P. M. JOHNY, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14890 OF 2024
2
T.R. RAVI, J.
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W. P. (C). No.14890 of 2024
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Dated this the 20th day of June, 2024
JUDGMENT
The prayer in the writ petition is for replacing the pledged bill of
JJM Urakam Panchayat providing water supply scheme and FHTC
package 1 with the bill of JJM Comprehensive Water Supply Scheme to
Wandoor, Tuvvur, Kalikavu, Karuvarakundu and Edappatta Panchayats
in Malappuram District Package VII-1. The petitioner had submitted
representations and the same have been recommended as per Exts.P9
& P10 and are now pending consideration of the 4th respondent.
In the above circumstances, this writ petition is disposed of
directing the 4th respondent to consider and pass orders on Exts.P7 to
P10, at the earliest, at any rate, within two weeks from the date of
receipt of a copy of this judgment. The petitioner may produce a copy
of this judgment along with a copy of this writ petition before the 4 th
respondent for necessary compliance.
/-Sd/-- -
T.R. RAVI
JUDGE
Pn
WP(C) NO. 14890 OF 2024
APPENDIX OF WP(C) 14890/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE G.O.(RT)NO.3834/2020/FIN
DATED 23/06/2020
Exhibit P2 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE
3RD RESPONDENT DATED 30.10.2023
Exhibit P3 A TRUE COPY OF THE PROCEEDINGS ISSUED BY THE
1ST RESPONDENT DATED 12.10.2020 BY WHICH
SANCTION IS GIVEN FOR ACCEPTING THE AMOUNTS
UNDER THE PENDING BILLS OF CONTRACTORS AS
PERFORMANCE GUARANTEE AND ADDITIONAL
PERFORMANCE GUARANTEE FOR ENTERING INTO
AGREEMENT FOR OTHER WORKS
Exhibit P4 A TRUE COPY OF THE REVISED CB3 BILL DATED
NIL ISSUED BY THE 3RD RESPONDENT SHOWING THE
DETAILS OF THE ADJUSTMENTS FROM THE PENDING
BILLS DUE TO THE PETITIONER
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WPC NO
36250OF 2023 DATED 02.11.2023
Exhibit P6 A TRUE COPY OF THE 1ST PART BILL FOR RS
3,82,92,955/- (THREE CRORE EIGHTY TWO LAKHS
NINETY TWO THOUSAND NINE HUNDRED AND FIFTY
FIVE) OF JJM-KARUVAKUND PANCHAYATH WORTH RS
3,82,92,955/
Exhibit P7 A TRUE COPY OF THE REQUEST SENT BY THE
PETITIONER TO THE 3RD RESPONDENT, EXECUTIVE
ENGINEER DATED 22.03.2024 WITH REGARD TO
ADJUSTMENT OF FOR RS 1,38,96,440/-
Exhibit P8 A TRUE COPY OF THE REQUEST SENT BY THE
PETITIONER TO THE 3RD RESPONDENT, EXECUTIVE
ENGINEER DATED 22.03.2024 WITH REGARD TO
ADJUSTMENT OF FOR RS.50,36,856
Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED
22.03.2024 SENT BY THE 3RD RESPONDENT TO THE
WP(C) NO. 14890 OF 2024
4TH RESPONDENT FOR ISSUING INDEMNITY
CERTIFICATE TO CHANGE THE PLEDGED BILL WITH
REGARD TO THE AMOUNT 1,38,96,440/-
Exhibit P10 A TRUE COPY OF THE COMMUNICATION DATED
22.03.2024 SENT BY THE 3RD RESPONDENT TO THE
4TH RESPONDENT FOR ISSUING INDEMNITY
CERTIFICATE TO CHANGE THE PLEDGED BILL WITH
REGARD TO THE AMOUNT OF RS 50,36,856/-
