Kerala High Court
Kashmirilal Construction Pvt. Ltd vs State Of Kerala on 22 August, 2025
2025:KER:63737
WPC.No.30130/25 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
WP(C) NO.30130 OF 2025
PETITIONER:
KASHMIRILAL CONSTRUCTION PVT.LTD.,
825 GANDHI CHOWK, RANIKHET, ALMORA DISTRICT,
UTTARAKHAND, (LOCAL OFFICE) PATTAR VALIYATH,
MARUNNAN SHOPPING COMPLEX, WARD NO.13, 384,
KUNNOTHUPARAMPA - POILUR ROAD, PARAT,
THUVAKUNNU, KOLAVELLOOR, KANNUR, REP. BY ITS,
DIRECTOR, VIVEK AGARWAL, S/O. KASHMIRILAL
AGARWAL, AGED 54 YEARS, PIN - 670 693.
BY ADVS.
SRI.GEORGE MATHEW
SHRI.SUNIL KUMAR A.G
SHRI.MATHEW K.T.
SHRI.GEORGE K.V.
SHRI.STEPHY K REGI
SHRI.ADITHYA BENZEER
SMT.MEDHA B.S.
SHRI.JOHN ZACHARIAH DOMINIC
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, WATER RESOURCES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 KERALA WATER AUTHORITY,REPRESENTED BY ITS
MANAGING DIRECTOR, HEAD OFFICE, JALA BHAVAN,
2025:KER:63737
WPC.No.30130/25 2
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695
033.
3 THE SUPERINTENDING ENGINEER,
OFFICE OF THE SUPERINTENDING ENGINEER, P.H.
CIRCLE, KERALA WATER AUTHORITY, KANNUR DISTRICT,
PIN - 670 012.
4 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER, PROJECT
DIVISION, KERALA WATER AUTHORITY, KANNUR
DISTRICT, PIN - 670 012.
5 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER, PROJECT
DIVISION, KERALA WATER AUTHORITY, MATTANNOR,
KANNUR, PIN - 670 702.
6 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
KERALA WATER AUTHORITY, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695
033.
BY ADV SRI.SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:63737
WPC.No.30130/25 3
JUDGMENT
The petitioner is a contractor, who was entrusted
with certain works by the 2 nd respondent as per Exts.P1 to P8.
At the time of entering into contracts the petitioner had
furnished performance guarantee for the same. According to
the petitioner, in respect of the said works, Exts.P14, P14(a)
and P14(b) sanctioned bills are pending payment. As the
petitioner finds it difficult to continue the work due to non
release of the funds, the petitioner approached the
respondents for permission to substitute the performance
guarantee furnished by the petitioner in the form of Treasury
Deposits with the pending bills. Since there was inaction on
the part of the respondents, this writ petition is submitted by
the petitioner.
2. I have heard the learned counsel for the
petitioner and the learned standing counsel for the
respondents.
3. It is brought to the notice of this Court that
this Court has passed similar direction in Exts.P15 and P16
2025:KER:63737
judgments. Apart from the above, there is a Government
Order as evidenced by Ext.P9, permitting the contractors to
substitute the performance guarantee with sanctioned bills,
where Government is a party. In view of the above, I am
inclined to grant relief sought in this writ petition.
Accordingly, this writ petition is disposed of directing
the 3rd respondent to permit the petitioner to substitute the
performance guarantee in respect of Exts.P1 to P8 with
Exts.P14, P14(a) and P14(b) bills, upon the petitioner
executing necessary documents. This shall be done within a
period of 45 days from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/22.8.25
2025:KER:63737
APPENDIX OF WP(C) 30130/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
18.05.2023 ISSUED BY 3RD RESPONDENT
Exhibit P2 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
11.08.2023 ISSUED BY 3RD RESPONDENT
Exhibit P3 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
16.09.2023 ISSUED BY 3RD RESPONDENT
Exhibit P4 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
16.09.2023 ISSUED BY 3RD RESPONDENT
Exhibit P5 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
19.09.2023 ISSUED BY 3RD RESPONDENT
Exhibit P6 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
26.09.2023 ISSUED BY 3RD RESPONDENT
Exhibit P7 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
04.10.2023 ISSUED BY 3RD RESPONDENT
Exhibit P8 TRUE COPY OF LETTER OF ACCEPTANCE DTD.
07.10.2023 ISSUED BY 3RD RESPONDENT
Exhibit P9 TRUE COPY OF GO (RT) NO.3834/2020/FIN
DTD. 23.06.2020 ISSUED BY FINANCE
(INDUSTRIES & PUBLIC WORKS-B)
DEPARTMENT
Exhibit P10 TRUE COPY OF PROCEEDINGS NO.
KWA/JB/WS1/4679/2020/KIIFB/TD DTD.
12.10.2020 ISSUED BY 2ND RESPONDENT
Exhibit P11 TRUE COPY OF GO (RT) NO.5989/2020/FIN
DTD. 16.10.2020 ISSUED BY FINANCE
(INDUSTRIES & PUBLIC WORKS-B)
DEPARTMENT
Exhibit P12 TRUE COPY OF GO (P) NO. 95/2023/FN
DTD. 07.09.2023 ISSUED BY FINANCE
(INDUSTRIES & PUBLIC WORKS-B)
DEPARTMENT
Exhibit P13 TRUE COPY OF PROCEEDING NO.
KWA-JB/5427/2023-F7(FUNDS) DTD.
20.03.2024 ISSUED BY 2ND RESPONDENT
Exhibit P14 TRUE COPY OF VOUCHER FOR CC IVTH AND
PART BILL DTD. 08.04.2025 ISSUED BY
2025:KER:63737
4TH RESPONDENT NT
Exhibit P14 (a) TRUE COPY OF VOUCHER FOR CC VTH AND
PART BILL DTD. 02.08.2025 ISSUED BY
4TH RESPONDENT
Exhibit P14 (b) TRUE COPY OF VOUCHER FOR CC VITH AND
PART BILL DTD. 02.08.2025 ISSUED BY
4TH RESPONDENT
Exhibit P15 TRUE COPY OF JUDGMENT DTD. 09.06.2025
IN W.P.(C) NO. 45485 OF 2024
Exhibit P16 TRUE COPY OF JUDGMENT DTD. 18.07.2025
IN W.P. (C). NO. 24399 OF 2025
