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The Kerala Water Authority vs Edwin Prasad S
2025 Latest Caselaw 1864 Ker

Citation : 2025 Latest Caselaw 1864 Ker
Judgement Date : 3 January, 2025

Kerala High Court

The Kerala Water Authority vs Edwin Prasad S on 3 January, 2025

Author: Amit Rawal
Bench: Amit Rawal
WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   1
                                                         2025:KER:657



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                          WA NO. 1 OF 2025

         AGAINST THE ORDER DATED 02.12.2024 IN WP(C) NO.42912 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 4 AND 5:

     1      KERALA WATER AUTHORITY
            REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAWAN,
            VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695003

     2      THE FINANCE MANAGER
            KERALA WATER AUTHORITY, JALA BHAWAN, VELLAYAMBALAM,
            THIRUVANANTHAPURAM, PIN - 695003


            BY ADV GEORGIE JOHNY


RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS 1 TO 3:

     1      TAN-B CONSTRUCTIONS
            34/426-H, 1ST FLOOR, LP BUILDING, NEAR ST.JOSEPH
            CHURCH, THURAKKAL BAPPUTTY ROAD, MANJERI, MALAPPURAM-
            REPRESENTED BY ITS PARTNER BABU.K.NAYEM, AGED 54
            YEARS, S/O.MOOSAKUTTY, RESIDING AT MONGAM, MANJERI,
            MALAPPURAM, PIN - 676121

     2      SAJEEV RAMAKRISHNAN
            AGED 58 YEARS
            S/O. RAMAKRISHNAN, CHETTIAM VALAPPIL HOUSE,
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   2
                                                          2025:KER:657

             OTHUKUNGAL, KOTTAKKAL, MALAPPURAM DISTRICT, PIN -
             676528

     3       SALIM.P
             AGED 55 YEARS
             S/O. KUNHIMOHAMMED HAJI, PATTATHIL HOUSE, CHAMRAVATTOM
             P.O., TIRUR, MALAPPURAM, PIN - 676102

     4       UNION OF INDIA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
             OF FINANCE, DEPARTMENT OF EXPENDITURE, PUBLIC FINANCE
             STATES DIVISION, NEW DELHI, PIN - 110001

     5       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
             KERALA SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

     6       THE SECRETARY TO THE GOVERNMENT
             DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001


             BY ADVS.
             SANTHOSHKUMAR K.C
             K.K.CHANDRALEKHA(K/26/1988)
             K.S.SUDHA(K/000050/2014)
             UMADEVI P.S.(K/003644/2023)



OTHER PRESENT:

             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.2/2025, 3/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   3
                                                         2025:KER:657


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                           WA NO. 2 OF 2025

         AGAINST THE ORDER DATED 03.12.2024 IN WP(C) NO.42976 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 4 TO 6:

     1      KERALA WATER AUTHORITY
            JALABHAVAN, VELLAYAMBALAM. THIRUVANANTHAPURAM .
            REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695033

     2      MANAGING DIRECTOR
            KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM.
            THIRUVANANTHAPURAM, PIN - 695033

     3      FINANCE MANAGER
            KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM.
            THIRUVANANTHAPURAM, PIN - 695033


            BY ADV GEORGIE JOHNY


RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS 1 TO 3:

     1      ALL KERALA GOVERNMENT CONTRACTORS' ASSOCIATION
            REG. NO.88/85, OFFICE AT. TC 28/282, POUND ROAD,
            THYCAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS
            GENERAL SECRETARY, SUNNY CHENNIKKARA, S/O ACHANKUNJU.,
            PIN - 695014

     2      M/S. MALABAR TECH
            HL TOWER, IGBT BYE-PASS, MANIERI, MALAPPURAM DISTRICT.
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   4
                                                          2025:KER:657

             REPRESENTED BY ITS MANAGING PARTNER., PIN - 676121

     3       T. ABDUL SAMAD
             GOVERNMENT CONTRACTOR, P.O. MELMURI, MALAPPURAM
             DISTRICT, PIN - 676517

     4       STATE OF KERALA
             REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

     5       THE SECRETARY
             FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

     6       THE SECRETARY
             WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   5
                                                         2025:KER:657


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                           WA NO. 3 OF 2025

         AGAINST THE ORDER DATED 02.12.2024 IN WP(C) NO.42876 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 4 AND 5:

     1      KERALA WATER AUTHORITY
            REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAWAN,
            VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695003

     2      THE FINANCE MANAGER
            KERALA WATER AUTHORITY, JALA BHAWAN, VELLAYAMBALAM,
            THIRUVANANTHAPURAM, PIN - 695003


            BY ADV GEORGIE JOHNY


RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3:

     1      M/S. U.K.S. CONSTRUCTIONS LLP
            15/740-G ERNAD MINI TOWER, PERINTHALMANNA ROAD, UP
            HILL, MALAPPURAM DISTRICT - 676 505 REPRESENTED BY ITS
            MANAGING PARTNER K.M.MOHANAKUMARAN @ UNNIKRISHNAN,
            AGED 68 YEARS, S/O. KAMALADEVI AMMA, RESIDING AT
            ‘SREE SYLAM', P.O.MUNDUPARAMBA, MALAPPURAM
            DISTRICT, PIN - 676509

     2      UNION OF INDIA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
            OF FINANCE, DEPARTMENT OF EXPENDITURE, PUBLIC FINANCE
            STATES DIVISION, NEW DELHI, PIN - 110001
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   6
                                                          2025:KER:657


     3       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
             KERALA SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

     4       THE SECRETARY TO THE GOVERNMENT
             DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA
             SECRETARIAT, THIRUVANANTHAPURAM - 695 001, PIN -
             695001


             BY ADVS.
             SANTHOSHKUMAR K.C
             K.K.CHANDRALEKHA(K/26/1988)
             K.S.SUDHA(K/000050/2014)
             UMADEVI P.S.(K/003644/2023)

             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   7
                                                         2025:KER:657


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                           WA NO. 5 OF 2025

         AGAINST THE ORDER DATED 10.12.2024 IN WP(C) NO.43947 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 4 TO 6:

     1      THE KERALA WATER AUTHORITY,
            JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR,
            THIRUVANANTHAPURAM,, PIN - 695033

     2      THE MANAGING DIRECTOR,
            THE KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM,, PIN - 695033

     3      THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
            THE KERALA WATER AUTHORITY, JALABHAVAN,
            THIRUVANANTHAPURAM,, PIN - 695033


            BY ADV GEORGIE JOHNY

RESPONDENTS/PETITIONERS 1 TO 4 AND RESPONDENTS 1 TO 3 & 7:

     1      EDWIN PRASAD S,
            AGED 53 YEARS
            S/O.STANLEY JOHNS, KATTARA VADAKKUMKARA HOUSE,
            MARUKIL, OORUTTAMBALAM P.O, THIRUVANANTHAPURAM, PIN -
            695507

     2      S. GOPAKUMAR,
            AGED 53 YEARS
            S/O.P.SANKARA NARAYAN PILLAI, PLRA-185, PLAVODU,
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   8
                                                          2025:KER:657

             KODUNGANOOR P.O, VATTIYOORKAVU, THIRUVANANTHAPURAM,,
             PIN - 695013

     3       G. SURESH,
             AGED 51 YEARS
             S/O.P.GOPINATHAN, AVANAVANCHERY P.O, ATTINGAL,
             THIRUVANANTHAPURAM,, PIN - 695013

     4       DILEEP KUMAR B,
             AGED 53 YEARS
             S/O.BHANU,AMEENA VEEDU, MELVETTOOR P.O, VARKALA,
             THIRUVANANTHAPURAM,, PIN - 695312

     5       UNION OF INDIA,
             REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
             DEPARTMENT OF EXPENDITURE, PUBLIC FINANCE STATES
             DIVISION, NORTH BLOCK, NEW DELHI,, PIN - 110001

     6       THE ASSISTANT DIRECTOR,
             MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, PUBLIC
             FINANCE STATES DIVISION, NORTH BLOCK, NEW DELHI,, PIN
             - 110001

     7       THE ADDITIONAL CHIEF SECRETARY,
             FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM,, PIN - 695001

     8       M/S MID LAND ENGINEERING & CONTRACTING COMPANY,
             VARIKKODAN OFFICE BUILDING, VALIYAVARAMBA ROAD, DOWN
             HILL, MALAPPURAM,, PIN - 676519


             BY ADV KRISHNA T C
             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   9
                                                         2025:KER:657


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                            WA NO. 6 OF 2025

         AGAINST THE ORDER DATED 07.12.2024 IN WP(C) NO.43605 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 4 & 5:

     1      KERALA WATER AUTHORITY
            REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695033

     2      THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
            KERALA WATER AUTHORITY, JALABHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695033


            BY ADVS.
            GEORGIE JOHNY
            P.M.JOHNY



RESPONDENTS/PETITIONERS 1 & 2 & RESPONDENTS 1 TO 3:

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

     2      BENNY JOSEPH
            AGED 58 YEARS
            S/O. JOSEPH, NIRAPPEL HOUSE, VAYALA P.O, PALA KOTTAYAM
            -, PIN - 686587
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                  10
                                                          2025:KER:657


     3       UNION OF INDIA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
             OF FINANCE DEPARTMENT OF EXPENDITURE, PUBLIC FINANCE
             STATES DIVISION, NEW DELHI -, PIN - 110001

     4       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
             KERALA SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

     5       THE SECRETARY TO THE GOVERNMENT
             DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA
             SECRETARIAT. THIRUVANANTHAPURAM -, PIN - 695001


             BY ADV KRISHNA T C
             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   11
                                                         2025:KER:657


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                            WA NO. 7 OF 2025

         AGAINST THE ORDER 07.12.2024 DATED IN WP(C) NO.43574 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 4 & 5:

     1      KERALA WATER AUTHORITY
            REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695033

     2      THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
            KERALA WATER AUTHORITY, JALABHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695033


            BY ADVS.
            GEORGIE JOHNY
            P.M.JOHNY



RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3:

     1      S. SIVAPRASAD
            AGED 58 YEARS
            S/O. SOMAN, KRISHNAMOORTHIVILLA, THATTAMALA POST,
            KOLLAM, KERALA, PIN - 691020

     2      UNION OF INDIA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
            OF FINANCE DEPARTMENT OF EXPENDITURE, PUBLIC FINANCE
            STATES DIVISION, NEW DELHI -, PIN - 110001
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                  12
                                                          2025:KER:657


     3       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
             KERALA SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001

     4       THE SECRETARY TO THE GOVERNMENT
             DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA
             SECRETARIAT. THIRUVANANTHAPURAM -, PIN - 695001


             BY ADV KRISHNA T C
             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   13
                                                         2025:KER:657

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                            WA NO. 8 OF 2025

         AGAINST THE ORDER 19.12.2024 DATED IN WP(C) NO.45494 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 5 TO 7:

     1      KERALA WATER AUTHORITY
            REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN,
            THIRUVANANTHAPURAM, PIN - 695003

     2      MANAGING DIRECTOR
            KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM, PIN - 695003

     3      FINANCE MANAGER
            KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM, PIN - 695003


            BY ADV GEORGIE JOHNY


RESPONDENTS/PETITIONERS 1 & 2 AND RESPONDENTS 1 TO 4:

     1      ALL KERALA WATER AUTHORITY CONTRACTORS ASSOCIATION,
            REPRESENTED BY THE GENERAL SECRETARY
            SIDHARDHAN M, AGED 63 YEARS, S/O.MADHAVAN, ALL KERALA
            WATER AUTHORITY CONTRACTORS ASSOCIATION,
            THIRUVANANTHAPURAM - 695 010 RESIDING AT ASTAMI,
            PANAVILA, NALANCHIRA, THIRUVANANTHAPURAM, PIN - 695015

     2      N. RAJAN
            AGED 74 YEARS
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                  14
                                                          2025:KER:657

             S/O.NARAYANA PILLAI, PRESIDENT, ALL KERALA WATER
             AUTHORITY CONTRACTORS ASSOCIATION, THIRUVANANTHAPURAM
             - 695 010. RESIDING AT NJARAKAL HOUSE, NEDUMON,
             KALLAYAM P.O. THIRUVANANTHAPURAM, PIN - 695043

     3       UNION OF INDIA
             REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
             CABINET SECRETARIAT, NEW DELHI, PIN - 110004

     4       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

     5       SECRETARY
             FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
             PIN - 695001

     6       SECRETARY
             WATER RESOURCES DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001


             BY ADVS.
             KALEESWARAM RAJ
             KRISHNA T C
             CHINNU MARIA ANTONY(K/3363/2022)

             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   15
                                                         2025:KER:657

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                          WA NO. 10 OF 2025

         AGAINST THE ORDER 02.12.2024 DATED IN WP(C) NO.42984 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 8 TO 10:

     1      KERALA WATER AUTHORITY
            JALABHAVAN, VELLAYAMBALAM THIRUVANANTHAPURAM, KERALA,
            INDIA REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
            695033

     2      MANAGING DIRECTOR, KERALA WATER AUTHORITY
            JALABHAVAN, VELLAYAMBALAM THIRUVANANTHAPURAM, KERALA,
            INDIA, PIN - 695033

     3      FINANCE MANAGER, KERALA WATER AUTHORITY
            JALABHAVAN, VELLAYAMBALAM THIRUVANANTHAPURAM, KERALA,
            INDIA, PIN - 695033


            BY ADV GEORGIE JOHNY


RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS 1 TO 7 & 11:

     1      SURYA CONSTRUCTIONS
            4TH FLOOR, MALAYIL MAJESTY, NEAR RAILWAY OVER BRIDGE,
            REFINERY ROAD, THRIPUNITHURA, ERNAKULAM REPRESENTED BY
            ITS MANAGING PARTNER, PIN - 682301

     2      K. KHALID
            AGED 57 YEARS
            S/O. MOIDEEN HAJI, RESIDING AT ARALAYIL
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                  16
                                                     2025:KER:657

           KARUVANTHODUKA, KOOLIMADU, PAZHUR, KOZHIKODE, KERALA,
           PIN - 673661

     3     ABDUL MAJEED O.
           AGED 49 YEARS
           S/O. UNNIMOYIN OLIKKATHODI, RESIDING AT CHERUPARAMBU
           VEEDU, CHARAMKUTHU, NEDIYIRIPPU, MALAPPURAM, KERALA,
           PIN - 673638

     4     UNION OF INDIA
           REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE
           CABINET SECRETARIAT, NEW DELHI, PIN - 110004

     5     ADDITIONAL DIRECTOR (PF-S)
           PUBLIC FINANCE-STATES DIVISION, DEPARTMENT OF
           EXPENDITURE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA
           NORTH BLOCK, DELHI, PIN - 110001

     6     ADDITIONAL SECRETARY (PF-S)
           DEPARTMENT OF EXPENDITURE MINISTRY OF FINANCE ROOM NO.
           169 C, NORTH BLOCK NEW DELHI, PIN - 110001

     7     STATE OF KERALA
           REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT,
           GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001

     8     ADDITIONAL CHIEF SECRETARY, DEPARTMENTS OF TAXES AND
           EXCISE, PERSONNEL & ADMINISTRATIVE REFORMS, SCHEDULED
           CASTES, SCHEDULED TRIBES, BACKWARD CLASSES
           DEVELOPMENT, GOVERNMENT OF KERALA
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695001

     9     ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT,
           GOVERNMENT OF KERALA
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695001

    10     SECRETARY, WATER RESOURCE DEPARTMENT, GOVERNMENT OF
           KERALA
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
           695001
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                  17
                                                          2025:KER:657

    11       MIDLAND ENGINEERING AND CONTRACTING COMPANY
             VARIKODAN BUILDING, VALIYAPARAMBA, DOWN HILL.P.O,
             MALAPPURAM/REPRESENTED BY ITS MANAGING PARTNER, PIN -
             676519



OTHER PRESENT:

             SMT MINI GOPINATH CGC ,
             SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                   18
                                                         2025:KER:657


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

            THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                          WA NO. 11 OF 2025

         AGAINST THE ORDER 03.12.2024 DATED IN WP(C) NO.42909 OF

2024 OF HIGH COURT OF KERALA


APPELLANTS/RESPONDENTS 4 TO 6:

     1      THE KERALA WATER AUTHORITY,
            JALA BHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR,
            THIRUVANANTHAPURAM,, PIN - 695033

     2      THE MANAGING DIRECTOR,
            THE KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM,, PIN - 695033

     3      THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
            THE KERALA WATER AUTHORITY, JALABHAVAN,
            THIRUVANANTHAPURAM,, PIN - 695033


            BY ADV GEORGIE JOHNY

RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 3 & 7:

     1      P. DILEEP,
            AGED 53 YEARS
            DILEEP BHAVAN, KADAKAVOOR, THIRUVANATHAPURAM
            DISTRICT,, PIN - 695306

     2      A. AJI,
            AGED 52 YEARS
            PUTHUVEL PUTHEN VEEDU, PAYALLUVILA, THIRUVANATHAPURAM
            DISTRICT,, PIN - 695501
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                  19
                                                       2025:KER:657


     3     SREEKUMAR,
           AGED 49 YEARS
           ASWATHY, PALOORKONAM, KURUMKUTTY, PARASALLA PO,
           THIRUVANATHAPURAM DISTRICT,, PIN - 695502

     4     B. UNNIKRISHNAN NAIR,
           AGED 53 YEARS
           SOROVILLA, KADAVILA, VANCHIYOOR
           PO,ATTINGAL,THIRUVANATHAPURAM DISTRICT, PIN - 695902

     5     T.J SAIMON,
           AGED 51 YEARS
           SAJ BHAVAN, LOURDPURM, KANJIRAMKULAM PO,
           THIRUVANATHAPURAM DISTRICT,, PIN - 695524

     6     R. SURAJ,
           AGED 52 YEARS
           RAJ VRINDHAVAN, UCHAKKADA, VENGANOOR
           PO,THIRUVANATHAPURAM DISTRICT,, PIN - 695523

     7     T. THANKAPPAN,
           AGED 54 YEARS
           K.S BHAVAN, KANNARAVILA, NELLIMOODU
           PO,THIRUVANATHAPURAM DISTRICT, PIN - 695524

     8     S. ANIL KUMAR,
           AGED 49 YEARS
           SHALOM HOUSE, AYANI MOODU, VEDIVACHAN KOVIL PO,
           THIRUVANANTHAPURAM DISTRICT,, PIN - 695501

     9     UNION OF INDIA,
           REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
           DEPARTMENT OF EXPENDITURE, PUBLIC FINANCE STATES
           DIVISION, NORTH BLOCK, NEW DELHI,, PIN - 110001

    10     THE ASSISTANT DIRECTOR,
           MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, PUBLIC
           FINANCE STATES DIVISION, NORTH BLOCK, NEW DELHI,, PIN
           - 110001

    11     THE ADDITIONAL CHIEF SECRETARY,
           FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
           THIRUVANANTHAPURAM,, PIN - 695001
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                  20
                                                       2025:KER:657


    12     M/S MID LAND ENGINEERING & CONTRACTING COMPANY,
           VARIKKODAN OFFICE BUILDING, VALIYAVARAMBA ROAD, DOWN
           HILL, MALAPPURAM,, PIN - 676519

           SMT MINI GOPINATH CGC ,
           SRI.GOPALAKRISHNA KURUP, ADVOCATE GENERAL

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.01.2025, ALONG WITH WA.1/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA Nos.1/2025, 2/2025, 3/2025, 5/2025,
6/2025, 7/2025, 10/2025, 8/2025, 11/2025



                                     21
                                                                2025:KER:657

                      AMIT RAWAL,
                            &
                P.V.BALAKRISHNAN, JJ.
      -------------------------------
     W.A.Nos. 5 of 2025, 1/2025, 2/2025, 3/2025,
     6/2025, 7/2025, 8/2025, 10/2025 & 11/2025
      -------------------------------
        Dated this the 03rd day of January, 2025


                                JUDGMENT

Amit Rawal, J.

1. Nine (9) writ appeals, at the instance of the Kerala Water

Authority and its officials, have come up against the interim orders arising

out of various writ petitions filed by the respondents, represented by the

counsel present in the court.

2. The grievance of the Kerala Water Authority in the present

appeal is that the interim order, extracted herein below, passed by the

learned Single Judge, has not taken into consideration, various

documents ie., Annexures A1, A2, A3, A4 and A5 annexed in

W.A.No.5/2025:-

"Admitted.

The learned Deputy Solicitor General of India takes notice for the respondents 1 and 2. The learned Government Pleader takes notice for the third respondent. The learned Standing Counsel takes notice for the respondents 4 to 6. Issue notice by Speed Post to the 7th respondent.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

On a consideration of the facts and the materials on record, particularly going through the direction of the Division Bench of this court in W.A.No.298/2024, I am sastisfied that the petitoners have made out a prima facie case for an ad-interim order. Hence, I direct the respondents not to release the payment pursuant to Ext.P2 scheme in violation of the directions in the judgment in the writ appeal."

3. Annexure A1 dated 26.02.2024 in Writ Appeal No. 5 of 2025

has not been taken into consideration for the purpose of granting interim

reliefs sought for by the petitioners. All the respondents/petitioners had

assailed the order dated 25.11.2024 issued by the Ministry of Finance,

Department of Expenditure according approval for six (6) capital projects

under the Jal Jeevan Mission out of sixty seven (67) capital projects in

order of priority posed by the State Government of Kerala by restricting

the capital expenditure within the allocated amount for the State

Government of Kerala under Part IX of the Scheme for Special Assistance

to States for Capital Investment 2024-25. Against 67 capital projects, the

allocated amount is of Rs.288.75 Crores for 6 capital projects, on the

premise that there had already been a litigation with regard to the

disbursement of amount to the contractors, who have been undertaking

the work under Jal Jeevan Mission (JJM) constituted under the ageis of

the Central Government with actual participation of the different States in

the Country, whereby the fifty (50) percentage of the payment is being WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

met out by the Central Government and the remaining 50% by the State

government and in this regard, the Central Government had been granting

assistance.

4. As a result of the litigation at the instance of few of the

contractors, this Court vide judgment dated 15.09.2023, in various writ

petitions, had directed the Kerala Water Authority to disburse the payment

to the existing contractors and contractors whose works had already been

completed, within a period of one month. The aforementioned order was

assailed by the Kerala Water Authority in various writ appeals bearing

numbers 324, 296, 297, 298, 317, 300, 325 & 388 of 2024. The intra

appellate court, vide judgment dated 14.03.2024, had set aside the

findings recorded in paragraph 13 of the judgment of the Single bench

and ordered that all the contractors shall be paid the dues in accordance

with the seniority list (Ext.P2 in Writ Petition No.42984/2024), maintained

by the Kerala Water Authority.

5. The intra appellate court, vide judgment dated 27.11.2024, in

another set of similar controversy, also reiterated the findings rendered in

the previous judgment. Ext.P5 dated 14.03.2024, observing that the claim

of the contractors will be strictly as per the waiting list. In other words,

the Kerala Water Authority was directed to make the payment by abiding

the seniority list.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

6. Before we could hear Sri.Gopalakrishna Kurup, AG, Senior

Advocate assisted by George Johny, objections have been taken by

Mr.Santhosh Mathew, learned Senior counsel, regarding the

maintainability of the writ appeal (intra court appeal) against the interim

order passed in the pending writ petitions and in support of the contention

relied upon falling judgments in Thomas P.T and another vs. Bijo

Thomas and others (2021 (6) KHC 279) and Bharat Petroleum

Corporation Ltd and Another vs. Saju A.R and others (2021 (5)

KHC 398 (DB)). There has been an act of favouritism and biasness in

sending list of selected projects.

7. Another argument, which has been raised that already there

is a finding regarding the disbursement of the amount by a way of the

seniority list. The Kerala Water Authority was remiss in not apprising the

Central Government regarding the orders of the court and therefore,

action of the State as well as the Central Government picking six (6)

contractors for the works identified (already allotted) out of the seniority

list for disbursement of the payment leaving the State to make the

payment out of the allocation of the funds by the Central is an exercise

which would be hit by doctrine akin to res judicata.

8. On the other hand, Sri. Gopalakrishna Kurup, AG, assisted by

Mr.George Johny, countered the argument by submitting that the ratio WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

decidendi culled in the judgment was based upon the facts and would not

be treated as a judgment in rem but per-curium ,for, the order if allowed

to sustain would tantamount to allowing the writ petitions in terms of the

relief claimed by the writ petitioners. In fact, the entire works or grant by

the Central Government would come to stand still much less the residents

of the area identified as per the project aforementioned would be deprived

of the drinking water.

9. We have heard Sri. Gopalakrishna Kurup, AG on merits and

has also raised the following submissions:-

10. In both the aforementioned judgments of the intra appellate

court, none of the communication/scheme promulgated by the Central

Government vide communication dated 26.02.2024 for Special Assistance

to States for Capital Investment 2024-25 whereby under Part IX, it was

clarified that the State will also use not more than 30 percentage of the

funds allocated under Part I of the Scheme for contributing State's shares

for JJM and Pradhan Mantri Gram Sadak Yojana (PMGSY) for JJM 2024-25

as per the allocation of Central share by the Department of Drinking Water

& Sanitation and State's share for PMGSY. It is further clarified that the

Government of India shall reserve the right to prioritize such projects for

upto 30 percentage of the funds in Part I of the Scheme 2024-25 and the

individual projects, which was picked up was required to have a capital WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

outlay of less than Rs.5 Crores. The aforementioned scheme also

empowered the State for utilisation of the funds provided to the state by

the Central Government for new and ongoing capital projects for long

term benefit to the State which can be also used for setting up pending

bills in ongoing capital projects with a caveat that all amount allocated

under all parts of the scheme shall be spent on eligible expenditure before

31st March, 2025.

11. For allocation of the funds, State of Kerala was identified with

a allocation under Part I of Rs.1059 Crores. In view of the aforementioned

allocation, the Central Government came out with a modification of the

Scheme vide communication dated 09th August, 2024 as per Annexure A2

in W.A.No.5 of 2025 and as per Part IX, it was specified that wherein an

amount of Rs.15000 Crores was earmarked of the Scheme consisting of

various projects ie., Railway, Metro Rail, Highway Projects, Power Projects

etc. including the Centrally sponsored scheme like Jal Jeevan Mission,

AMRUT, PMGSY whereby the State Government was directed to submit a

list of projects/schemes for which funds under this Part of the scheme are

proposed to be applied to the Ministry of Finance latest by 15.10.2024. In

response to the aforementioned scheme, the Kerala Water Authority vide

communication dated 10.09.2024 as per Annexure A4 informed the

Additional Chief Secretary with regard to the pending proposals and the WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

payments and the outstanding dues of Rs.1549.88 Crores for onward

submission to the Government of India. The entire information was

submitted including the list of 67 projects vide Annexure A5 purely,

strictly as per the terms and conditions of the scheme out of which vide

communication dated 25.11.2024, the Central Government has picked up

of 6 projects. There cannot be any element of mala fides and biasness as

attempted to be projected on behalf of the contractors in case the State is

allowed to continue, or if permitted to move an application under Sub

Article 3 of Article 226 of the Constitution of India, there is a likelihood

that by the time when the application is adjudicated, the time line fixed

under the Scheme that is 31st of March 2025 time would be over and there

would be no development in the areas and residents would be deprived of

drinking water.

12. On the other hand, the learned Senior counsel and counsel

appearing on behalf of the contractors,besides the objection of

maintainability, submitted that even otherwise the action of the Kerala

Water Authority was totally reprehensive in not informing the Central

Government regarding the decisions of the Division Bench in two intra

court appeals regarding the outstanding payment to the contractors much

less there is no rationale or logic as to in what manner the State had sent

the list of 67 ongoing projects out of which 6 have been identified by the WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

Central Government. All these factors are required to be examined as

fresh in detail in pending writ, therefore, the writ appeals are may be

dismissed with exemplary cost.

13. We have heard the learned counsel for the parties and

appraised the paper book.

14. Before dealing with the merits of the matter, we have been

called upon to decide the question of maintainability of intra court appeal,

thus we have to deal with the ratio decidendi culled out in the judgments

cited in support of the aforementioned arguments.

15. In Thomas P.T and another (supra), it was a case where

certain shop keepers who were provided a police protection to carry on

the business in the premises with a condition that the business was

carried out under necessary licenses and permissions. It was the said

order which was assailed before the intra court appeal and was held to be

not maintainable as issuance of the interim order was inevitable ,for, the

writ petition would have rendered infrutuous.

16. In Bharat Petroleum (supra), was a dispute with regard to

the settlement scheme vis-a-vis the workman and the employers and

there was an interim order granted by the single bench, which was

assailed before the intra court appeal and it was held that had the single

bench not passed the order, the whole purpose of the matter pending WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

before the single bench would have rendered infrutuous.

17. Noticing the facts in the case in hand as well as the facts

while rendering the findings regarding maintainability of intra court appeal,

we are of view that it was based upon the different set of circumstances

and facts wherein the absence of the stay, the pendency of the writ

petitions, in cited judgments, not only would have been for academics but

the whole purpose would have rendered infructuous, whereas, in the

present case, the interim order granted by the learned single bench

tantamount in allowing the writ petition as per the reliefs claimed in the

writ petition for the sake of brevity. The relief sought in one of the writ

petition No.43947/2024 is extracted hereunder:-

"I) Call for records leading to Exhibit P 2 and the NIT and other records of the contractors whose names figure in Exhibit P 2 and quash the same by a writ or any other appropriate writ direction or order.

II) Issue a writ of Mandamus or any other appropriate writ direction or order directing respondents 3 to 6 to strictly maintain the seniority fixed as per Exhibit P 1 for JJM MIssion projects and not to violate the same under any circumstances.

III) Issue a writ of Mandamus or any other appropriate writ direction or order directing respondents 3 to 6 not to disburse the amounts to the contractors mentioned in Annexure to Exhibit P 2 without following the seniority in Exhibit P 1.

IV) The petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

V) Any other reliefs this Hon'ble court deems fit"

18. Moreover, it is a Central Government sponsored scheme and

the funds have been allocated by the Central Government whereby only 6

projects which are of immediate need to be carried out for the purpose of

providing drinking water to the residents of the remote areas who have

been deprived of the same even in the year 2024 and in case, stay is

permitted to continue, the purpose of the welfare State would not be

achieved. We, thus overrule the objections taken on behalf of the

respondents regarding the maintainability of the appeal and hold that the

writ appeals in such circumstances are maintainable.

19. Few of the clauses of the scheme though would be subject

matter of adjudication in the pending writ petitions are worth extraction

but we refrain from delving on the same as it may not prejudice the right

of the parties to the lis. But, in narrow compass, it is found out that the

Kerala Water Authority had never been remiss in not informing the State

Ministry as well as the Central Government about the pending dues to the

outstanding contractors amounting to Rs.1549.88 Crores. The State

Government vide letter dated 15.10.2024 informed the Central

Government while sending a list of 67 projects which were in dire need to

be implemented and out of that, 6 projects have been selected by the WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

Central Government. The genesis of the grievance as noticed above is

that, in case of the selection of 6 projects, their payment which is to be

disbursed would not be as per the seniority and would further stall

payments to the contractors, i.e.,the writ petitioners. We are of view that

such apprehension is totally figment of imagination and nothing else, for,

the projects have been identified by the Central Government and not by

the State Government. Therefore, we cannot, at this stage subject to the

outcome of the writ petition, say that there was an element of favouritism,

biasness or opaqueness much less any partiality. We clarify that this

question will be left open for adjudication in the pending writ petitions.

20. Not only this, all the additional documents had never been

part of the consideration or ponderance in the previous round of litigation

before the single bench as well as the intra court appeals much less

Ext.P8, nor discussed while passing the interim order under challenge.

Therefore, the objection with regard to the plea of resjudicata would not

be applicable and the objection is overruled.

21. But, for the time being, the interim order is permitted to

continue, it will tantamounts, for the sake of repetition, allowing the writ

petition. Thus, we hereby vacate the interim order for a period of two

months with a liberty to parties to raise all the pleas in the pending writ WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

petitions and further issue directions subject to the outcome of the writ

petition, that the Kerala Water Authority as well as the State Government

would strictly adhere by paragraph 11 of the scheme and in case, after

utilization of the funds, if further funds are left, would be utilised in

disbursement of pending bills for old and ongoing projects as well as to

the other conditions of the guidelines. Paragraph 11 of the scheme reads

as follows:-

"Funds provided to the States under the Scheme by the Government of India may be used by the State Government for new and ongoing capital projects for long term benefit to the State. The funds may also be used for settling pending bills in ongoing capital projects."

22. It is made clear that the funds of the Central Government

provided to the State Government, further to the Kerala Water Authority

for those ongoing projects, will not stall the payment process of writ

petitioners in the writ petitions.

Writ appeals with the aforementioned observations stands disposed

off. Sd/-

AMIT RAWAL JUDGE

Sd/-

P.V.BALAKRISHNAN JUDGE bng WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

WA Nos.1/2025, 2/2025, 3/2025, 5/2025, 6/2025, 7/2025, 10/2025, 8/2025, 11/2025

2025:KER:657

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE SCHEME GUIDELINES DATED 26.02.2024.

ANNEXURE A2 TRUE COPY OF THE GUIDELINES ON SPECIAL ASSISTANCE SCHEME DATED 09.08.2024 ISSUED BY THE CENTRAL GOVERNMENT.

ANNEXURE A3 TRUE COPY OF THE COVERING LETTER SENT BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY DATED 19.08.2024.

ANNEXURE A4 TRUE COPY OF THE COVERING LETTER DATED 10.09.2024 ISSUED BY THE MANAGING DIRECTOR TO THE GOVERNMENT OF KERALA.

ANNEXURE A5 TRUE COPY OF THE REVISED PROPOSAL FOR SPECIAL ASSISTANCE TO STATE FOR CAPITAL INVESTMENT 2024-2025 FORWARDED BY THE KERALA WATER AUTHORITY DATED 30.09.2024.

 
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