Kerala High Court
Abu Mathew vs Kerala Water Authority on 6 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 8951 OF 2024
PETITIONER:
ABU MATHEW,
AGED 71 YEARS, S/O. MATHEW,
KARAMEL KOYIKEL HOUSE,
KARIKODE POST, PERUVA,
KOTTAYAM, PIN-686 610.
BY ADVS.
ANIL GEORGE
JOBY JACOB PULICKEKUDY
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
AAKHIL MOHAMMED P.M.
RESPONDENTS:
1 KERALA WATER AUTHORITY,
REPRESENTED BY THE MANAGING DIRECTOR
JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN-695 033.
2 THE SUPERINTENDING ENGINEER,
OFFICE OF THE SUPERINTENDING ENGINEER,
PUBLIC HEALTH CIRCLE,
KERALA WATER AUTHORITY,
MUVATTUPUZHA, PIN-686 661.
R1&R2 SRI.P.M.JOHNY, STANDING COUNSEL, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.8951 OF 2024
JUDGMENT
Dated this the 6th day of March, 2024
When this matter was called today, the learned Standing
Counsel for the Kerala Water Authority (KWA) - Sri.P.M.Johny,
conceded that the issues projected in this case are covered by
Ext.P4 judgment, delivered by a learned Division Bench of this
Court.
2. At this time, the learned counsel for the petitioner -
Sri.Anil George, intervened to say that since his client has quoted
his tender amount at 8.4% above the Probable Amount of
Contract (PAC), no Additional Performance Guarantee can be
imposed upon him by the Kerala Water Authority, as per the
aforementioned judgment.
3. I notice that the afore claim of the petitioner has been
considered by the Water Authority, but without acceding to it,
merely saying in Ext.P6, that they intent to file a review against
the aforementioned judgment of the learned Division Bench. It
is well settled that this is not a ground for them, not to act on a
judicially affirmed declaration; though, if they are able to
obtain a review, then all consequential actions will certainly
follow.
W.P.(C) NO.8951 OF 2024
4. Axiomatically, therefore, if the above fact is true, then the
competent Authority of the 'KWA' must advert to the afore
precedent, while executing the agreement.
5. That being so ordered, the agreement in favour of the
petitioner in terms of Ext.P4 judgment will be executed by the
'KWA' within a period of two weeks from the date of receipt of a
copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
W.P.(C) NO.8951 OF 2024
APPENDIX OF WP(C) 8951/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE ELECTRONIC
TENDER NOTICE DATED 01.03.2024
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 OF JUDGMENT IN WRIT
APPEAL NO.725/2023 PASSED BY THE
HONOURABLE HIGH COURT DATED 14.08.2023
Exhibit P5 TRUE PHOTOCOPY OF JUDGEMENT IN WP(C)
6625/2024 BEFORE THIS HON'BLE COURT
Exhibit P6 THE TRUE COPY OF MINUTES DATED
01/03/2024
