The court disposed of a writ petition filed by a PWD contractor seeking release of payment and bank guarantees, recording that the respondents would release the amounts if the petitioner submits an application to the Executive Engineer within 30 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942 WP(C).No.2024 OF 2020(C)
PETITIONER:
GEORGE MATHEW, AGED 56 YEARS, S/O.MATHEW, EDAPAZHATHIL HOUSE, MANJALLOOR, VAZHAKULAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686670.
BY ADVS. SRI.GEORGE MATHEW SHRI.PRAVEEN S. SRI.M.D.SASIKUMARAN SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.
2 KERALA WATER AUTHORITY, HEAD OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS. SRI.P.BENJAMIN PAUL, SC, KWA SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petition is filed by a PWD contractor seeking the following reliefs:
“i) to issue a writ of mandamus or other appropriate writ direction or order direction, commanding the respondents release the balance amount of Rs.39,21,105/covered by Ext.P5 within a time frame to be fixed by this Hon'ble Court; ii) to issue a writ of mandamus or other appropriate writ direction or order direction, commanding the respondents release the bank guarantee for Rs.29,55,400/-;
iii) to issue a writ of mandamus or other appropriate writ direction or order direction, commanding the respondents release the balance amounts due to the petitioner under Ext.P5 with interest @ 18% for delay caused; iv) to grant such other reliefs
or direction or order as this Hon'ble court deems fit and proper to grant.”
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2. The learned counsel for the petitioner submits that the payment is already made with respect to the first relief sought for. Further amounts due to the petitioner are towards the Bank Guarantee, Security Deposit as well as Performance Guarantee.
3. The learned Standing Counsel,
Sri.P.Benjamin Paul, on instructions submitted that in case the petitioner submits an application before the Executive Engineer – the 4th respondent, the payment will be released within a period of 30 days.
The writ petition is disposed of accordingly, recording the same.
P.V.ASHA JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.SE/PHC/MPM/DB2/711/16 DATED 21.03.2017 ISSUED BY 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF ORDER NO.SE/PHC/MPM/DB2/711/16 DATED 19.03.2018 ISSUED BY 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF WORK COMPLETION CERTIFICATE NO.DB2/243/2016-KNM-SLSSC-6/VOL.II DATED 18.11.2019. EXHIBIT P4 TRUE COPY OF FUND REQUEST AND VOUCHER ALONG WITH FORWARDING LETTER DATED 27.11.2019. EXHIBIT P5 TRUE COPY OF FUND REQUEST AND VOUCHER ALONG WITH FORWARDING LETTER DATED 27.11.2019 FORWARDED BY 4TH RESPONDENT TO 5TH RESPONDENT.
George Mathew
State of Kerala
Kerala Water Authority
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
