Kerala High Court
Dil. M. Govind vs The Regional Project Director on 2 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:38609
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
WP(C) NO. 10206 OF 2025
PETITIONER:
DIL. M. GOVIND
AGED 47 YEARS
S/O. M.A. GOVINDAN, MARAT HOUSE,
POST KIZHOOR, KUNNAMKULAM,
THRISSUR DISTRICT, PIN - 680523
BY ADVS.
SRI.SANTHEEP ANKARATH
SMT.ARUNDHATI NAIR
RESPONDENTS:
1 THE REGIONAL PROJECT DIRECTOR
KERALA RURAL WATER SUPPLY & SANITATION AGENCY,
REGIONAL PROJECT MANAGEMENT UNIT,
MALAPPURAM, MMC X/108-112,
2ND FLOOR, UMK TOWER, JUBILEE ROAD,
UP HILL, MALAPPURAM, PIN - 676505
2 REGIONAL PROJECT COMMISSIONER
'JALANIDHI',
GRAMA PANCHAYAT SUPPORT TEAM (GPST),
KERALA RURAL WATER SUPPLY & SANITATION AGENCY,
REGIONAL PROJECT MANAGEMENT UNIT,
MALAPPURAM, MMC X/108-112, 2ND FLOOR,
UMK TOWER, JUBILEE ROAD,
UP HILL, MALAPPURAM , PIN - 676505
2025:KER:38609
WP(C) No.10206 of 2025
2
BY ADVS.
SRI.D.KISHORE
SRI.N.ARJUNAN PILLAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:38609
WP(C) No.10206 of 2025
3
JUDGMENT
Dated this the 2nd day of June, 2025
The petitioner was the successful bidder in two tenders
quoted by the respondents for laying pipelines under
Jaljeevan Mission in Elavally Grama Panchayat in Thrissur
District. The work was for laying of pipelines from the
overhead water tank that will be established by the
respondents.
2. The work had to be completed within nine months
from the date of the agreement. The agreement was signed
on 14.11.2023. Even after the period of agreement, the
respondents could not identify the site where the overhead
water tank has to be established. Only after taking possession
of the site where the overhead tank has to be installed, the
petitioner can start his work, contends the petitioner.
2025:KER:38609
3. The petitioner was asked to renew the agreement
since the period under the agreement would be over. The
petitioner submitted a representation for refund of the amount
deposited by the petitioner as Security Deposit since the
respondents have not even identified the land where the
overhead water tank has to be established and are not in
possession of unencumbered land where the pipeline has to
be fixed by the petitioner as per the contract.
4. The respondents conceded all the averments of the
petitioner and sent a reply requesting the petitioner to renew
the agreement and wait until an alternate site is identified. The
petitioner cannot continue and complete the work after a long
lapse of time since the cost of material shot up. Hence, the
petitioner requested for refund of the Security Deposit.
5. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the
respondents.
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6. The petitioner was awarded two works under the 1 st
respondent for laying pipelines. The work had to be completed
within nine months of signing the agreement. The agreement
was signed on 14.11.2023. The period of work admittedly got
over on 13.08.2024.
7. The petitioner would submit that in spite of the
same, the respondents have not even identified the site for
establishment of the overhead water tank from where
pipelines are to be taken.
8. The petitioner had made Security Deposits at the
time of execution of the agreement to the tune of ₹ 8,09,225/-
and ₹8,24,598/-. The petitioner is entitled to get refund of the
amount, contends the counsel for the petitioner.
9. Considering the afore facts, I am of the view that
the respondents are compellable to pay the amount
expeditiously to the petitioner.
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The writ petition is accordingly disposed of directing the
respondents to refund the security deposits made by the
petitioner as expeditiously as possible and at any rate, within
a period of one month.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:38609
APPENDIX OF WP(C) 10206/2025
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF LETTER OF ACCEPTANCE
DATED 27.10.2023 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER
CONCERNING THE WORK PACKAGE 5.
EXHIBIT P2 TRUE COPY OF LETTER OF ACCEPTANCE
DATED 27.10.2023 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER
CONCERNING THE WORK PACKAGE 6
EXHIBIT P3 TRUE COPY OF AGREEMENT DATED
14.11.2023 EXECUTED BETWEEN THE
PETITIONER AND THE 1ST RESPONDENT FOR
THE WORK PACKAGE - 5.
EXHIBIT P4 TRUE COPY OF AGREEMENT DATED
14.11.2023 EXECUTED BETWEEN THE
PETITIONER AND THE 1ST RESPONDENT FOR
THE WORK PACKAGE 6.
EXHIBIT P5 TRUE COPY OF LETTER DATED 26.7.2024
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED
31.7.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT CONCERNING
WORK PACKAGE 5.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED
31.7.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT CONCERNING
WORK PACKAGE 6.
EXHIBIT P8 TRUE COPY OF LETTER DATED 26.11.2024
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
