Kerala High Court
M/S. U.K.S. Constructions Llp, ... vs Kerala Water Authority Represented By ... on 19 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:43783
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
WP(C) NO. 22314 OF 2025
PETITIONER:
M/S. U.K.S. CONSTRUCTIONS LLP,
REPRESENTED BY ITS MANAGING PARTNER
K.M.MOHANAKUMARAN @ UNNI,
AGED 68 YEARS
S/O. KAMALADEVI AMMA 15/740-G
ERNAD MINI TOWER, PERINTHALMANNA ROAD,
UP HILL, MALAPPURAM DISTRICT
RESIDING AT SREE SYLAM, P.O. MUNDUPARAMBA,
MALAPPURAM DISTRICT, PIN - 676509
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
3 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,
PROJECT DIVISION, MALAPPURAM,
PIN - 676505
2025:KER:43783
WP(C) No.22314 of 2025
2
4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
KERALA WATER AUTHORITY, JALABHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SRI.JUSTINE JACOB
SRI. P.M.JOHNY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:43783
WP(C) No.22314 of 2025
3
JUDGMENT
Dated this the 19th day of June, 2025
The writ petition is filed by the petitioner seeking to
direct the 4th respondent to issue Concurrence Certificate in
favour of the petitioner to substitute Exts.P11, P16 and P20
bills of the petitioner in order to release Exts.P4 to P9
Treasury Fixed Deposits, Terms Deposits and Bank
Guarantee within a time limit prescribed by this Court.
2. The petitioner is a Registered Contractor,
who was awarded with the work covered by Exts.P1 to P3
Letter of Acceptance. Consequently, the petitioner had
deposited Exts.P4 to P9 Treasury Fixed Deposits, Term Fixed
Deposit and Bank Guarantee worth ₹55,38,000/-,
₹12,00,000/-, ₹20,00,000/-, ₹20,00,000/-, ₹80,00,000/-
₹16,00,000/- respectively towards the performance
guarantee.
2025:KER:43783
3. The petitioner has successfully completed
the work. The 3rd respondent has issued the part bill. Due to
the delay on the part of the respondents in paying the certified
bill, the petitioner is unable to pay their creditors, suppliers
and labourers. In the said background, the petitioner has
requested the respondents to substitute the performance
guarantee by adjusting the amount from Exts.P11, P16 and
P20 bills. However, the respondents have not taken any
action in the matter. In identical matters, this Court has
permitted the above course. The petitioner is entitled to the
benefit of the judgments passed in identical matters,
contended the petitioner.
4. Heard the learned counsel for the petitioner
and the learned Standing Counsel appearing for the
respondents.
5. On a consideration of the facts and the
materials on record, especially that the 3rd respondent has
2025:KER:43783
certified Exts.P11, P16 and P20 bills, I am satisfied that the
writ petition is to be allowed.
In the afore circumstances, I allow the writ petition
directing the 2nd respondent to substitute Exts.P4 to P9
performance guarantee by adjusting the amount from
Exts.P11, P16 and P20 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 one month from the date of
production of a certified copy of this judgment.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:43783
APPENDIX OF WP(C) 22314/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE
OF FOR THE WORK OF MORAYUR PANCHAYATH
DATED 22.05.2023
Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE
OF MOORKANAD PANCHAYATH DATED
26.10.2022
Exhibit P3 TRUE COPY OF THE LETTER OF ACCEPTANCE
OF CHUNGATHARA PANCHAYATH DATED
26.08.2023
Exhibit P4 TRUE COPY OF THE TREASURY DEPOSIT
CERTIFICATE SUBMITTED BY THE
PETITIONER TO THE RESPONDENTS OFFICE,
FOR THE AMOUNT OF RS.55,38,000/- WITH
JL NO.1465964 DATED 27.05.2023
Exhibit P5 A TRUE COPY OF THE TERM DEPOSIT IN
ACCOUNT NO.11020300066656 DATED
25.09.2023 FROM FEDERAL BANK LTD
MALAPPURAM BRANCH FOR RS.12,00,000/-
(TWELVE LAKHS ONLY),
Exhibit P6 TRUE COPY OF THE TREASURY DEPOSIT
CERTIFICATE SUBMITTED BY THE
PETITIONER FOR THE AMOUNT OF
RS.20,00,000 /- WITH JL NO.1308038
DATED 02.11.2022
Exhibit P7 A TRUE COPY THE BANK GUARANTEE
NO.11021BG129842 DATED 15.07.2024 FROM
FEDERAL BANK LTD MALAPPURAM BRANCH FOR
RS.20,00,000/- (TWENTY LAKHS ONLY),
Exhibit P8 TRUE COPY OF THE TREASURY DEPOSIT
CERTIFICATE SUBMITTED BY THE
PETITIONER FOR THE AMOUNT OF
RS.80,00,000/- WITH JL NO. 1253688
DATED 14.09.2023
Exhibit P9 A TRUE COPY THE BANK GUARANTEE
NO.11021BG139992 DATED 16.09.2023 FROM
FEDERAL BANK LTD MALAPPURAM BRANCH FOR
2025:KER:43783
RS.16,00,000/-
Exhibit P10 A TRUE COPY OF THE REQUEST LETTER SENT
BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 02.06.2025
Exhibit P11 A TRUE COPY OF THE VOUCHER DATED NIL
IN CC 5TH AND PART BILL OF THE WORK OF
THE MORAYOOR PANCHAYATH WORTH NET
AMOUNT RS.4,31,42,310/- DATED NIL
Exhibit P12 A TRUE COPY OF THE REQUEST LETTER
DATED 02.06.2025 SENT BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
Exhibit P13 A TRUE COPY OF THE ADJUSTED BILL OF
THE 5TH AND PART BILL OF THE MORAYOOR
WORK
Exhibit P14 A TRUE COPY OF THE INDEMNITY
CERTIFICATE DATED 02.06.2025 ISSUED BY
THE 3RD RESPONDENT
Exhibit P15 A TRUE COPY OF THE REQUEST LETTER SENT
BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 02.06.2025
Exhibit P16 A TRUE COPY OF THE VOUCHER DATED NIL
IN CC 8TH AND FINAL BILL OF THE WORK
OF THE MOORKKANAD PANCHAYATH WORTH NET
AMOUNT 2,22,95,793/- DATED NIL
Exhibit P17 A TRUE COPY OF THE REQUEST LETTER
DATED 02.06.2025 SENT BY THE
PETITIONER TO THE 3RD RESPONDENT
Exhibit P18 A TRUE COPY OF THE INDEMNITY
CERTIFICATE DATED 02.06.2025
Exhibit P19 A TRUE COPY OF THE REQUEST LETTER SENT
BY THE PETITIONER TO THE 3RD
RESPONDENT DATED 02.06.2025
Exhibit P20 A TRUE COPY OF THE VOUCHER DATED NIL
IN CC 5TH AND PART BILL OF THE WORK OF
THE CHUNGATHARA PANCHAYATH WORTH NET
AMOUNT 4,51,20,963/- DATED NIL
Exhibit P21 A TRUE COPY OF THE REQUEST LETTER
DATED 03.06.2025 SENT BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
2025:KER:43783
Exhibit P22 A TRUE COPY OF GO(RT)FIN NO.5989/2020
DATED 16.10.2020
Exhibit P23 A TRUE COPY OF JUDGMENT IN W.P.(C)
NO.15445/2025 DATED 10.04.2025
