Kerala High Court
M/S. Abm4 Builders, Represented By Its ... vs Kerala Water Authority Represented By ... on 3 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48587
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 24277 OF 2025
PETITIONER:
M/S. ABM4 BUILDERS,
REPRESENTED BY ITS MANAGING PARTNER
V.P.MOHAMMED AYUB, AGED 64 YEARS
S/O MOHAMMED HAJI, NP 11/908, HOSPITAL ROAD,
NILAMBUR, MALAPPURAM RESIDING VALIYAPEEDIYAKKAL
HOUSE, ERANHIKODE.P.O.,EDAVANNA,
MALAPPURAM, PIN - 676541.
BY ADVS.
SRI.ELDHO PAUL
SMT.TESSY JOSE
RESPONDENTS:
1 KERALA WATER AUTHORITY
REPRESENTED BY MANAGING DIRECTOR
JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033.
2 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
MALAPPURAM, PIN - 676504.
W.P.(C)No.24277 of 2025
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3 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, PROJECT DIVISION,
MALAPPURAM-, PIN - 676505.
4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
KERALA WATER AUTHORITY, JALABHAVAN,
THIRUVANANTHAPURAM, PIN - 695033.
BY ADV. SRI. P.M. JOHNY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.24277 of 2025
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2025:KER:48587
JUDGMENT
Dated this the 3rd day of July, 2025
The writ petition is filed seeking to direct the 4 th
respondent to issue Concurrence Certificate in favour of the
petitioner to substitute Exts.P7, P10, P13 and P16 bills of the
petitioner in order to release Exts.P1 to P4 Treasury Fixed
Deposits.
2. The petitioner is a registered Firm undertaking
contract works mainly of the Kerala Water Authority. The
petitioner undertook four works of the respondents and the
petitioner had deposited four Treasury Fixed Deposits before
the office of the 2nd respondent as Performance Guarantee.
3. The petitioner, when faced with heavy financial
constrains to continue the works due to pending of huge bills
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from KWA for long durations, requested the 4 th respondent on
20.06.2025, for the pledging of the four pending part bills of the
above four works in order to release four Treasury Fixed
Deposits. Pursuant to the request, the 3rd respondent also
submitted a letter dated 24.06.2025 to the 4 th respondent for a
concurrence of the same in favour of petitioner. The 3 rd
respondent has issued indemnity certificate in favour of the
petitioner.
4. The petitioner submits that crores of rupees
are due to the petitioner from the respondent-Kerala Water
Authority for the works undertaken and completed by the
petitioner. As early as on 10.08.2020, GO(Rt)
No.5989/2020/Fin. dated 16.10.2020 was issued by the
Additional Chief Secretary, permitting the Contractors to accept
the pending bills as Performance Guarantee for ongoing works.
This Court, had in similar set of facts, permitted the petitioner
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therein to substitute the pending bills as against the
performance guarantee by judgment in identical cases,
contends the Counsel for the petitioner.
5. Heard the learned Counsel for the petitioner
and the learned Standing Counsel appearing for the
respondents.
6. I find that in the meanwhile, the 3rd
respondent-Executive Engineer has given recommendation in
this regard to the 4th respondent-Finance Manager. Therefore,
the 4th respondent can give necessary Concurrence Certificate.
On the basis of Concurrence Certificate, the 2 nd respondent can
allow the substitution of Performance Guarantee.
7. On a consideration of the facts and the
materials on record, especially that the 3 rd respondent has
issued Exts.P7, P10, P13 and P16 bills, I am satisfied that the
writ petition is to be allowed.
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In the afore said circumstances, I allow the writ petition
directing the 2nd respondent to substitute Exts.P1 to P4
Treasury Fixed Deposits by adjusting the amount from Exts.P7,
P10, P13 and P16 bills. Needless to mention, the petitioner will
have to execute the requisite undertaking / indemnity letter in
favour of the respondents as per their regulations. The above
exercise shall be carried out by the respondents within six
weeks from the date of production of a certified copy of this
judgment.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:48587
APPENDIX OF WP(C) 24277/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TREASURY DEPOSIT
CERTIFICATE SUBMITTED BY THE PETITIONER
TO THE RESPONDENTS OFFICE, FOR THE
AMOUNT OF RS.15,81,000/- WITH JL
NO.1307922 DATED 26.10.2023
Exhibit P2 TRUE COPY OF THE TREASURY DEPOSIT
CERTIFICATE SUBMITTED BY THE PETITIONER
FOR THE AMOUNT OF RS.29,60,000/- WITH
JL NO.1251520 DATED 07.11.2023
Exhibit P3 TRUE COPY OF THE TREASURY DEPOSIT
CERTIFICATE SUBMITTED BY THE PETITIONER
FOR THE AMOUNT OF RS.16,61,000/- WITH
JL NO. 1307567 DATED 24.03.2023
Exhibit P4 TRUE COPY OF THE TREASURY DEPOSIT
CERTIFICATE SUBMITTED BY THE PETITIONER
FOR THE AMOUNT OF RS.15,91,800/- WITH
JL NO. 1307796 DATED 17.08.2023
Exhibit P5 A TRUE COPY OF THE REQUEST LETTER DATED
24.06.2025 SENT BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT
Exhibit P6 A TRUE COPY OF THE INDEMNITY
CERTIFICATE DATED 24.06.2025 ISSUED BY
THE 3RD RESPONDENT
Exhibit P7 . A TRUE COPY OF THE ADJUSTED BILL OF
THE 3RD AND PART BILL OF THE KARULAI
WORK WORTH RS.2,14,48,263/-
Exhibit P8 A TRUE COPY OF THE REQUEST LETTER DATED
24.06.2025 SENT BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT
Exhibit P9 A TRUE COPY OF THE INDEMNITY
CERTIFICATE DATED 24.06.2025
Exhibit P10 A TRUE COPY OF THE ADJUSTED BILL OF CC
2ND AND PART BILL OF THE WORK OF THE
KARULAI, AMARAMBALAM PANCHAYATH PACKAGE
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IV WORTH RS.1,64,57,934/-
Exhibit P11 A TRUE COPY OF THE REQUEST LETTER DATED
24.06.2025 SENT BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT
Exhibit P 12 TRUE COPY OF THE INDEMNITY CERTIFICATE
ISSUED BY THE 3RD RESPONDENT DATED
24.06.2025
Exhibit P13 A TRUE COPY OF THE ADJUSTED BILL OF THE
CC 4TH AND PART BILL OF THE KUTTIPPURAM
PANCHAYATH WORK WORTH RS.60,56,107/-
DATED NIL
Exhibit P14 A TRUE COPY OF THE REQUEST LETTER DATED
24.06.2025 SENT BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT
Exhibit P15 TRUE COPY OF THE INDEMNITY CERTIFICATE
ISSUED BY THE 3RD RESPONDENT DATED
24.06.2025
Exhibit P16 A TRUE COPY OF THE ADJUSTED BILL OF CC
5TH AND PART BILL OF THE WORK OF THE
VATTATHUR PANCHAYATH WORTH
RS.1,16,16,916/- DATED NI
Exhibit P 17 A TRUE COPY OF GO(RT)FIN NO.5989/2020
DATED 16.10.2020
Exhibit P 18 A TRUE COPY OF JUDGMENT IN W.P.(C)
NO.19375/2025 DATED 09.06.2025
