Kerala High Court
Sohail Shamsudeen vs Kerala Water Authority on 7 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:87702
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 38393 OF 2024
PETITIONER:
SOHAIL SHAMSUDEEN
AGED 41 YEARS
VADAPPILLY HOUSE, AMBATTUKAAVU, ALUVA, PIN - 683106
BY ADVS.
P.SHANES METHAR
A.MOHAMMED FAIZAL
N.KRISHNA PRASAD
ARJUN P.V.
HARKISH SREETHU V.S.
RESPONDENTS:
1 KERALA WATER AUTHORITY
REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANTHAPURAM, PIN - 695033
2 THE SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PUBLIC HEALTH CIRCLE, HIGH ROAD, SAKTHAN
THAMPURAN NAGAR, THRISSUR, PIN - 680001
3 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER P H DIVISION, KERAFA
WATER AUTHORITY, NATTIKA, PIN - 680566
SRI. P.M. JOHNY SC FOE KWA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:87702
WP(C)No.38393 of 2024
2
JUDGMENT
Dated this the 7th day of November, 2024
Petitioner is a works contractor under the
1st respondent. While entering into Exhibit P2
agreement, based on Exhibit P1 Letter of
Acceptance, the petitioner had furnished
performance guarantee, half of which was in the
form of treasury deposits. The work is progressing
and the part bills raised by the petitioner though
certified, the amounts due under those bills are yet
to be paid. As the petitioner is in urgent need of
funds, a request was made to the 2 nd respondent to
substitute the treasury deposits by adjusting
2024:KER:87702
equivalent amount from the certified part bill. The
request was made on the strength of Exhibit P5
Government Order, which provides for such
adjustment.
2. Learned Counsel for the petitioner submits
that under identical circumstances, this Court had,
vide Exhibit P7 judgment, directed the respondent to
grant permission for the substitution.
3. Learned Standing Counsel submits that the
needful will be done, if the petitioner complies with
the requirements in Exhibit P5 Government Order.
In the light of the above submissions, the
writ petition is disposed of, directing the 2 nd
respondent to permit the petitioner to substitute the
treasury deposits, submitted towards performance
guarantee for the work covered by Exhibit P2
agreement, with Exhibit P3 bill, on the petitioner
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complying with the requirements in Exhibit P5
Government Order. Necessary decision in this regard
shall be taken within three weeks of receipt of a copy
of this judgment.
Sd/-
V.G.ARUN
JUDGE
SSK/7/11
2024:KER:87702
APPENDIX OF WP(C) 38393/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER
NO.KWA/PHC/TSR/D5/4866/2022 DATED
04.01.2023 (WORK ORDER) OF THE SECOND
RESPONDENT
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE
AGREEMENT NO.61/SE/PHC/TSR DATED 24.01.2023
BETWEEN THE PETITIONER AND THE SECOND
RESPONDENT
Exhibit P3 A TRUE COPY OF THE CB3 VOUCHER DATED
18.10.2024 PERTAINING TO 6 TH AND PART BILL
OF EXT.P1 WORK
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED
22.8.2024 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT
Exhibit P5 A TRUE COPY OF THE G.O. (RT) NO.
5989/2020/FIN. DATED OCTOBER 16, 2020
Exhibit P6 A TRUE COPY OF THE ORDER NO. JB/5408/2023 -
F1(FUNDS)DATED 06.01.2024 ISSUED BY THE
MANAGING DIRECTOR OF THE FIRST RESPONDENT
Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 3.6.2024 IN W.P.(C) NO. 18591
OF 2024
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.A. TO JUDGE
