Santhosh Kumar R vs Kerala Water Authority
2024 Latest Caselaw 27518 Ker

Kerala High Court

Santhosh Kumar R vs Kerala Water Authority on 11 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                      1
   W.P.(C.) No. 21541 of 2024


                                                       2024:KER:69884
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                           WP(C) NO. 21541 OF 2024

PETITIONER:

            SANTHOSH KUMAR R
            AGED 44 YEARS
            S/O. T.K. RAGHAVAN NAIR KUZHIKKALAYIL, KARIKODE P.O,
            PERUVA, KOTTAYAM-, PIN - 686610

            BY ADVS.
            ANIL GEORGE
            JOBY JACOB PULICKEKUDY
            SMITHA PHILIPOSE
            ASHIK TOM
            AAKHIL MOHAMMED.P.M



RESPONDENTS:

    1       KERALA WATER AUTHORITY
            REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695036

    2       THE SUPERINTENDING ENGINEER
            KERALA WATER AUTHORITY, P.H. CIRCLE, KOTTAYAM,
            PIN - 686002

    3       THE EXECUTIVE ENGINEER
            OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER
            AUTHORITY PROJECT DIVISION, KOTTAYAM-, PIN - 686002

            FOR KWA V.V.JOSHI, SC


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                           2
W.P.(C.) No. 21541 of 2024


                                                                   2024:KER:69884
                    V.G.ARUN, J.
       ============================
              W.P.(C.) No. 21541 of 2024
       ============================
      Dated this the 11th day of September, 2024

                                JUDGMENT

The petitioner was awarded the work - 'RKI-2019-

20-WSS TO ERUMELY LAYING DISTRIBUTION SYSTEM IN

ZONE 1(PART) ZONE 3(PART) ZONE V (PART)' by Kerala

Water Authority. The work was completed on the

satisfaction of the authority and order was passed to

release the final bill and other amounts due to the

petitioner. As the amounts were not disbursed the

petitioner approached this Court by filing W.P.(c).

No.40999 of 2023. By Ext. P3 Judgment dated 07.12.2023,

that writ petition was ordered, directing the respondents

to ensure that all eligible amounts due to the petitioner,

including the final bill amounts, retention amount,

additional performance guarantee and maintenance

guarantee amount are released and those amounts were

released.

2. The petitioner's grievance is regarding non-

release of the performance guarantee, for reason of this

2024:KER:69884 Court's omissions to mention about that.

3. Heard, learned counsel for the petitioner

and the learned Government Pleader.

Insofar as the bill amount and other eligible

amounts are released to the petitioner, there is no

justification in withholding the deposit made towards the

performance guarantee. The writ petition is accordingly

disposed of, directing the competent among the

respondents to release the performance guarantee and

the treasury savings bank receipts furnished towards the

performance guarantee by the petitioner with respect to

the subject work immediately.

Sd/-

V.G.ARUN

JUDGE

sjb/13-9

2024:KER:69884 APPENDIX OF WP(C) 21541/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF THE AGREEMENT DATED 11.09.2020 SIGNED BY PETITIONER AND THE 2ND RESPONDENT

Exhibit P2 THE TRUE PHOTOCOPY OF THE ORDER DATED 07.07.2023 PASSED BY THE 2ND RESPONDENT

Exhibit P3 THE TRUE PHOTOCOPY OF THE JUDGEMENT DATED 07/12/2023 IN W.P.C NO.40999 OF 2023

RESPONDENTS' EXHIBITS:NIL

//TRUE COPY//

P.A. TO JUDGE