Reena Engineers And Contractors Pvt. ... vs Kerala Water Authority
2024 Latest Caselaw 27078 Ker

Kerala High Court

Reena Engineers And Contractors Pvt. ... vs Kerala Water Authority on 6 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                  2024:KER:69523



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                      WP(C) NO. 30382 OF 2024

PETITIONER:
           REENA ENGINEERS AND CONTRACTORS PVT. LTD.
           REPRESENTED BY ITS MANAGING DIRECTOR/AUTHORISED
           SIGNATORY K.C.JAMES, 602, SHIV TOWER, PATTO PLAZA,
           PANAJI, GOA., PIN - 403001


          BY ADVS.
          P.SHANES METHAR
          N.KRISHNA PRASAD
          A.MOHAMMED FAIZAL
          PUSHPARAJ.K.P


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, P.H CIRCLE (KANNUR) THANA, KANNUR., PIN -
          670012

    3     THE FINANCE MANAGER
          OFFICE OF THE FINANCE MANAGER, JALA BHAVAN,
          VELLAYAMBALAM, THIRUVANTHAPURAM., PIN - 695033

    4     THE EXECUTIVE ENGINEER
          OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER
          AUTHORITY, P.H DIVISION, VATAKARA, KOZHIKODE., PIN -
          673101

          SRI. V.V. JOSHY SC FOR KWA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.30382 of 2024                                     2024:KER:69523

                                        2




                              JUDGMENT

Dated this the 6th day of September, 2024

The petitioner was entrusted with the work

of "Jal Jeevan Mission - Kannur District -

Chittariparamba, Kolayad (part) Panchayats - WSS to

Peravoor and adjoining Panchayats, Laying Distribution

Network and providing FHTCs - Zone III - Pipeline

Work" by the Kerala Water Authority. The work could

not be completed since road cutting permission for

laying of pipes could not be obtained by the Water

Authority. Being convinced that the delay is not

attributable to the petitioner, the period of contract

was extended. This writ petition is filed seeking a

direction to the respondents to release the retention

amount of Exhibit P1 work by retaining requisite sum

from Exhibit P6 part bill under which amounts are due

to the petitioner. In support of the request, the WP(C)No.30382 of 2024 2024:KER:69523

petitioner relies on Exhibit P4 issued by the Managing

Director of the Kerala Water Authority.

2. Heard, learned counsel for the petitioner and

the learned Standing Counsel for the Kerala Water

Authority.

3. The portion of Exhibit P4, which is relevant

for deciding the petitioner's prayer reads as under:

"Clause 15.2.8 of the Kerala Public Accounts Code stipulates that the Executive Engineer has KWA-JB/5408/2023-F1(FUNDS) 1/39177/2023 the discretion to release the security deposit early, provided they are satisfied that the final bill amount adequately covers all contractor liabilities and the contractor has produced the most recent income tax

clearance certificates."

It is thus clear that the retention amount can be

released if the part bill adequately covers all liabilities

of the contractor.

The writ petition is hence disposed of,

directing the 3rd respondent to release the retention

amount of Exhibit P1 work to the petitioner by WP(C)No.30382 of 2024 2024:KER:69523

receiving and retaining requisite sum from Exhibit P6

part bill, subject to the petitioner producing all requisite

documents as mentioned in Exhibit P4. The needful in

this regard shall be done within one month of receipt of

a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE SSK/06/09 WP(C)No.30382 of 2024 2024:KER:69523

APPENDIX OF WP(C) 30382/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LETTER OF ACCEPTANCE (LOA) DATED 19.05.2023 ISSUED BY THE SECOND RESPONDENT

Exhibit P2 A TRUE COPY OF THE AGREEMENT NO: 42/2023- 24/SE/PHC/KNR DATED 31.05.2023 BETWEEN PETITIONER AND SECOND RESPONDENT

Exhibit P3 A TRUE COPY OF THE CHART SHOWING THE NAME OF THE WORK/PANCHAYATH, AGREEMENT AUTHORITY, BILL DATE, BILL AMOUNT AND JJM SENIORITY NO

Exhibit P4 A TRUE COPY OF THE PROCEEDINGS/ORDER NO.

KWA-JB/5408/2023- F1(FUNDS) DATED 06.01.2024 ISSUED BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY

Exhibit P5 A TRUE COPY OF THE LETTER NO. REC/159/2024- 25 DATED 19.08.2024 SUBMITTED BY THE PETITIONER (TOGETHER WITH CERTIFIED AND PASSED BILL OF RS.5,84,88,748/-) BEFORE THE SECOND RESPONDENT

Exhibit P6 A TRUE COPY OF THE CB3 VOUCHER DATED 17.08.2024 PERTAINING TO CC VTH & PART BILL

Exhibit P7 A TRUE COPY OF THE NOTICE DATED 30.08.2024

TRUE COPY P.A. TO JUDGE