Ukkas Constructions Private Limited vs Kerala Water Authority
2024 Latest Caselaw 6438 Ker

Kerala High Court

Ukkas Constructions Private Limited 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. 8981 OF 2024
PETITIONER:

          UKKAS CONSTRUCTIONS PRIVATE LIMITED,
          JASEELA MANZIL, STAR NAGAR,
          BEVINJE, THEKKIL FERRY P.O.,
          KASARAGOD DISTRICT, PIN-671 541,
          REPRESENTED BY ITS DIRECTOR,
          MAHIN K.,
          AGED 42 YEARS, S/O. KOLLARAMMOOLA AMU,
          JASEELA MANZIL, STAR, NAGAR,
          BEVINJE, THEKKIL FERRY P.O.,
          KASARAGOD DISTRICT, PIN-671 541.

          BY ADVS.
          BABU JOSEPH KURUVATHAZHA
          ARCHANA K.S.
          MOHAMMED SHAFI.K
          NOEL EALIAS


RESPONDENTS:

    1     KERALA WATER AUTHORITY,
          JALA BHAVAN, NANDAVANAM, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN-695 033
          REPRESENTED BY ITS MANAGING DIRECTOR

    2     SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY,
          P.H. CIRCLE, THIRUVALLA,
          PATHANAMTHITTA, PIN-689 101.

  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.8981 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

the judgment of a learned Division Bench of this Court, in

W.A.No.725/2023 and connected cases.

2. At this time, the learned counsel for the petitioner -

Sri.Babu Joseph Kuruvathazha, intervened to say that since his

client has quoted his tender at 9.7% below the Probable

Amount of Contract (PAC), no Additional Performance

Guarantee can be imposed by the "KWA".

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

Authority of the Kerala Water Authority 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. That so ordered, the agreement in favour of the

petitioner will be executed by the Kerala Water Authority

W.P.(C) NO.8981 OF 2024

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.8981 OF 2024

APPENDIX OF WP(C) 8981/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ABSTRACT ESTIMATE OF THE WORK PUBLISHED BY THE 2ND RESPONDENT.

Exhibit P1(a) TRUE COPY OF THE SPLIT UP DETAILS OF ITEM WISE RATE QUOTED BY THE PETITIONER, IN PURSUANCE TO THE NOTICE INVITING TENDER ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 18.2.2024 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 14.8.2023 IN W.A.NO.725/2023.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 22.2.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.