Disposed

Alias K. Kuriakose v. Kerala Water Authority

Kerala HC4 Dec 2020WP(C)/26971/2020

Case brief

AI extract

What is this about?

Petitioner, a water supply contractor facing delays due to site unavailability, filed a writ petition seeking closure of agreement and recovery of materials. Court directed the second respondent to consider a specific representation regarding extension and material recovery within one month.

What did the court decide?

Directed the 2nd respondent to consider the petitioner's representation (Exhibit P9) and pass orders within one month.

Alias K. Kuriakose Vs Kerala Water Authority — Contract and Commercial Disputes | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942

¶5

WP(C).No.26971 OF 2020

¶6

PETITIONER/S:

¶7

ALIAS K. KURIAKOSE AGED 57 YEARS S/O KURIAKOSE, CONTRACTOR, KOCHERIL HOUSE, OORAMANA P.O.RAMAMANGALAM, MUVATTUPUZHA, ERNAKULAM DISTRICT

¶8

BY ADV. SRI.BABU JOSEPH KURUVATHAZHA

¶9

RESPONDENT/S:

¶10

1 KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010,

¶11

REPRESENTED BY ITS MANAGING DIRECTOR

¶12

2 EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, THODUPUZHA, IDUKKI DISTRICT, PIN-685 584.

¶13

3 ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PH SUB DIVISION, PAINAVU, IDUKKI DISTRICT, PIN-685 603.

¶14

4 ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH SECTION, DEVIKULAM, MUNNAR VIA, IDUKKI DISTRICT, PIN-685 613.

¶15

SRI.MILLU DANDAPANI,SC

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.26971 OF 2020

¶18

¶19

JUDGMENT

¶20

Dated this the 4th day of December 2020

¶21

The petitioner is a contractor, who was awarded the

¶22

work for providing rural water supply for Munnar Town Head

¶23

and Nallathanni road as per Exhibit. P1 selection notice, based on which, he executed Exhibit. P2 agreement on 29.05.2018. It is stated that, even though, the time for completion was 4 months as per the agreement, the petitioner could not complete the entire work, since, the respondents were unable to make available the site, i.e., PWD road as well as the Grama Panchayath roads in Munnar. It is stated that, those roads are under the Kannan Devan Hills Co. and they are not permitting the replacement of pipes. In these circumstances, petitioner had submitted Exhibit. P9 representation before the Executive Engineer, the 2^nd respondent, requesting to allow the petitioner to execute the closure agreement and also requesting to take back the materials like pipes and other accessories purchased by the petitioner.

¶24

WP(C).No.26971 OF 2020

¶25

¶26

Heard the learned Standing counsel also.

¶27

This Writ Petition is therefore disposed of,

¶28

directing the 2^nd respondent to consider and pass orders on Exhibit. P9 representation within a period of one month, from the date of receipt of copy of the judgment, taking note of

¶29

Exhibit. P7 and Exhibit. P8 letters.

Sd/-

P.V. ASHA

JUDGE

avs

WP(C).No.26971 OF 2020

¶35

¶36

APPENDIX

¶37

PETITIONER'S/S EXHIBITS:

¶38

EXHIBIT P1	TRUE COPY OF THE SELECTION NOTICE BEARING NO DB3-6596/2017 DATED 15.5.2018 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P2	TRUE COPY OF THE ACCEPTED SCHEDULE OF WORK INVOLVED IN THE AGREEMENT NO 18/2018-19/EE/KWA-PHDN/TDPA DATED 29.5.2018
EXHIBIT P3	TRUE COPY OF THE MEMO OF WORK TENDERED, SIGNED BY THE 2ND RESPONDENT AND THE PETITIONER
EXHIBIT P4	TRUE COPY OF THE REPRESENTATION DATED 28.3.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION DATED 9.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION DATED 29.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P7	TRUE COPY OF THE LETTER DATED 3.2.2020 OF THE 4TH RESPONDENT FORWARDED TO THE 3RD RESPONDENT
EXHIBIT P8	TRUE COPY OF THE LETTER DATED 26.5.2020 OF THE 3RD RESPONDENT FORWARDED TO THE 2ND RESPONDENT
EXHIBIT P9	TRUE COPY OF THE REPRESENTATION DATED 6.7.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

¶39

RESPONDENT'S/S EXHIBITS:

¶40

NIL

¶41

avs //TRUE COPY// P.A TO JUDGE

Alias K. Kuriakose v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Alias K. Kuriakose v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Roshini Jacob, Vs the Kerala State Financial Enterprises Ltd.

Beji Bhaskaran Vs Debashih Panda

Sinimol M.T. @ Sini Shaji, Vs Union of India

Anirudhan Vs Amarjeet Singh

P.v.Prakash Vs State of Kerala

Abida Kurur Vs the District Collector