Kerala High Court
James Paul vs State Of Kerala on 31 May, 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 16921 OF 2024
PETITIONER:
JAMES PAUL
AGED 48 YEARS
S/O. PAUL, KIZHAKKEBHAGOM HOUSE, KADAVOOR P.O.,
KOTHAMANGALAM, ERNAKULAM, PIN - 686671
BY ADVS.
GEORGE MATHEW
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
3 THE CHIEF ENGINEER (PROJECTS & OPERATIONS)
KERALA WATER AUTHORITY, JALA BHAVAN,VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695033
4 THE SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER, P.H. CIRCLE,
KERALA WATER AUTHORITY, KOTTAYAM DISTRICT, PIN - 682002
5 THE EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, PROJECT DIVISION, KOTTAYAM,
KOTTAYAM DISTRICT, PIN - 686002
WP(C) NO. 16921 OF 2024
2
6 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695033
SRI. P. M. JOHNY, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16921 OF 2024
3
T.R. RAVI, J.
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W.P.(C)No.16921 of 2024
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Dated this the 31st day of May, 2024
JUDGMENT
When the case is taken up today, the counsel on either
side submitted that the issue involved is covered by the
judgment Ext.P8 in W.P.C No. 40821/2023, wherein in a
similar circumstance, this Court had set aside Exts.P5 and P6
and gave liberty to the Kerala Water Authority to either
negotiate with the petitioners or invoke such other remedies
as may be available, for which purpose the rival contentions
were left open. I do not find any different view should be
taken in this writ petition.
This writ petition is hence disposed of holding that
Exts.P5 and P6 are set aside and granting liberty to the
Kerala Water Authority to negotiate with the petitioner or
invoke such other remedies as may be available. The
WP(C) NO. 16921 OF 2024
contentions on either side are left open for the above
purpose.
Sd/-
T.R.RAVI
JUDGE
LEK
WP(C) NO. 16921 OF 2024
APPENDIX OF WP(C) 16921/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PAGES OF NIT E-
TENDER NO: 25/SE/ PHCK/2022-2023 WITH
LAST DATE OF SUBMISSION ON 05.11.2022
ISSUED BY 4TH RESPONDENT
Exhibit P2 TRUE COPY OF WORK ORDER NO. PHCK/A3/1515/
2019/SLSSC3/MAN DTD. 21.01.2023 ISSUED BY
4TH RESPONDENT
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF NIT RE-E-
TENDER NO:1RE20/SE/PHCK/2021 WITH LAST
DATE OF SUBMISSION ON 07.01.2022 ISSUED
BY 4TH RESPONDENT
Exhibit P4 TRUE COPY OF WORK ORDER NO.
PHCK/A3/1515/2019/PH2/ERS DTD. 04.10.2023
ISSUED BY 4TH RESPONDENT
Exhibit P5 TRUE COPY OF CIRCULAR NO.34148/AEE
6/2022/KWA DTD. 16.11.2022 ISSUED BY 3RD
RESPONDENT
Exhibit P6 TRUE COPY OF CIRCULAR NO.34148/AEE-
6/2022/KWA DTD. 19.02.2024 ISSUED BY 3RD
RESPONDENT
Exhibit P7 TRUE COPY OF RELEVANT PAGES OF
OPERATIONAL GUIDELINES OF JJM ISSUED BY
MINISTRY OF JAL SHAKTHI, DEPARTMENT OF
DRINKING WATER & SANITATION IN GOVERNMENT
OF INDIA
Exhibit P8 TRUE COPY OF JUDGMENT DTD. 08.12.2023 IN
W.P.(C). NO. 21045 OF 2023 AND CONNECTED
CASES
