J and B Engineering and Construction Company Vs Kerala Water Authority

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W.P.(C) NO. 25396 OF 2023 1

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2025:KER:25494

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE D. K. SINGH

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MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947

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WP(C) NO. 25396OF 2023

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PETITIONER/S:

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J AND B ENGINEERING AND CONSTRUCTION COMPANY
KUTTUR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS MANAGING PARTNER
SRI.K.A.ABRAHAM, AGED 69 YEARS, S/O.LATE
K.J.ABRAHAM, RESIDING AT KUNNUKANDANTHIL HOUSE,
KUTTOOR P.O., THIRUVALLA, PIN - 689106

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BY ADVS.
N.JAMES KOSHY
ALEX ABRAHAM

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RESPONDENT/S:

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1 KERALA WATER AUTHORITY 'JALABHAVAN', VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695033

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2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, KOTTAYAM COLLECTORATE, KOTTAYAM, PIN - 686002

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3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, MALAPPURAM CIVIL STATION, MALAPPURAM, PIN - 676505

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4 THE FINANCE MANGER AND CHIEF OFFICER KERALA WATER AUTHORITY, 'JALABHAVAN', THIRUVANANTHAPURAM, PIN - 695033

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W.P.(C) NO. 25396 OF 2023 2

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2025:KER:25494

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5 M/S.COCHIN STEEL INDUSTRIES COMPLEX KIZHAKKAMBALAM P.O., ALUVA REPRESENTED BY ITS PROPRIETOR M.M.VARGHESE, PIN - 683562

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BY ADV.
 GEORGIE JOHNY - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C) NO. 25396 OF 2023 3

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2025:KER:25494

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D. K. SINGH, J.

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W.P.(C) No. 25396 of 2023

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Dated this the 24^th day of March, 2025

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JUDGMENT

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In compliance of the order dated 17.03.2025, an affidavit of the Managing Director, Kerala Water Authority dated 21.03.2025 has been tendered today in the Court. Paragraph No. 5 of the said affidavit reads as under;

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The CC 9^th bill with gross amount was received in Head Office on 28.12.2023 and assigned seniority no. 55 under the head of account “Optimization of production and transmission.” The bills under this head of account are released based on the budget allocation received from GoK and considering the seniority. The bill was e-submitted in BIMS on 08.02.2025 since the bill amount was more than Rs. 25.00 Lakh the bill was pushed to Bill Discounting System (BDS) and the contractor have opted the BDS for the release. Based on this the bill was submitted to treasury on 18.03.2025, in related to the released of bill amount KWA have cleared all steps and it is expected that the amount through BDS will be received through bank to the petitioner within 10 days.

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In view of the aforesaid undertaking, nothing survives in this

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writ petition and the same is hereby closed in terms of the

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W.P.(C) NO. 25396 OF 2023 4

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2025:KER:25494

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undertaking in paragraph No. 5 of the affidavit of the Managing

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Director, Kerala Water Authority tendered before this Court today.

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Sd/-

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D. K. SINGH JUDGE

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Svn

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W.P.(C) NO. 25396 OF 2023 5

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2025:KER:25494

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APPENDIX OF WP(C) 25396/2023

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PETITIONER EXHIBITS

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`EXHIBIT-P1`	`TRUE COPY O` `ALONG WITH` `UPTO 31.03.`	`F THE CONTRACTORS REGISTRATION CARD` `RENEWAL OF REGISTRATION DOCUMENTS` `2020`
`EXHIBIT-P2`	`TRUE COPY` `NO.1216/199` `REGISTRAR` `RESPECT TO`	`OF THE TRUE EXTRACT OF THE FIRM` `1 DATED 13.04.2012 ISSUED BY THE` `OF FIRMS, THIRUVANANTHAPURAM WITH` `THE PETITIONER’S PARTNERSHIP`
`EXHIBIT-P3`	`TRUE COPY` `03.05.2012` `AND K.A.ABR`	`OF THE DEED OF PARTNERSHIP DATED` `EXECUTED BETWEEN SRI.M.M.VARGHESE` `AHAM`
`EXHIBIT-P4`	`TRUE` `COPY` `REGISTRATIO` `17.05.2012`	`OF` `THE` `ACKNOWLEDGEMENT` `OF` `N` `OF` `FIRMS` `NO.1194/2012` `DATED` `ISSUED BY THE REGISTRAR OF FIRMS`
`EXHIBIT-P5`	`TRUE` `COPY` `22.10.2019` `BY THE PE` `SHARE IN R` `MUNICIPALIT`	`OF` `THE` `REPRESENTATION` `DATED` `SUBMITTED BEFORE THE 2ND RESPONDENT` `TITIONER DEMANDING UNDISPUTED 50%` `ESPECT OF THE WORK UWSS KOTTAYAM` `Y`
`EXHIBIT-P6`	`TRUE` `COPY` `23.10.2019` `THE 2ND RES`	`OF` `THE` `REPRESENTATION` `DATED` `SUBMITTED BY THE PETITIONER BEFORE` `PONDENT`
`EXHIBIT-P7`	`TRUE COPY` `SUBMITTED` `RESPONDENT`	`OF THE REQUEST DATED 12.10.2019` `BY THE PETITIONER BEFORE THE 3RD`
`EXHIBIT-P8`	`TRUE COPY` `NO.PDK-AB1-` `ISSUED BY T` `WORK UWSS T` `OF` `THE` `P` `CONTRACTORS`	`OF THE CERTIFICATE AS PER LETTER` `369/2013 VOL.II DATED 04.06.2019` `HE 2ND RESPONDENT IN RESPECT OF THE` `O KOTTAYAM MUNICIPALITY AND DETAILS` `AYMENT` `TO` `BE` `RELEASED` `TO` `THE`
`EXHIBIT-P9`	`TRUE COPY` `RELEASED TO`	`OF THE DETAILS OF PAYMENT TO BE` `THE CONTRACTOR AS PER COMMUNICATION`

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W.P.(C) NO. 25396 OF 2023 6

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NO.PDK-AB1-368/2013 VOL.II DATED 08.08.2019
ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE
WORK OF AUGMENTATION OF KUTTANAD WATER SUPPLY
SCHEME

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`EXHIBIT-P10`	`TRUE COPY OF THE WORK COMPLETION CERTIFICATE` `NO.DB2/SPAN/04/09 DATED 18.06.2015 ISSUED BY` `THE 3RD RESPONDENT IN RESPECT OF THE WORK SPAN-` `NABARD-WSS CHEEKODE ADJOINING VILLAGE PACKAGE` `I AND AMOUNT PAYABLE TO HIM`
`EXHIBIT-P11`	`TRUE COPY OF THE ORDER IN A.R.NO.25/2021 DATED` `23.07.2021 OF THE HON’BLE HIGH COURT OF KERALA`
`EXHIBIT-P12`	`TRUE COPY OF THE AWARD DATED 27.04.2023 PASSED` `BY THE ARBITRAL TRIBUNAL ARISING OUT OF` `A.R.NO.25/2021 OF THE HON’BLE HIGH COURT OF` `KERALA`
`EXHIBIT-P13`	`TRUE` `COPY` `OF` `THE` `REPRESENTATION` `DATED` `02.05.2023 SUBMITTED BY THE PETITIONER BEFORE` `THE 1ST RESPONDENT`
`EXHIBIT-P14`	`TRUE COPY OF THE COMMUNICATION DATED 05.06.2023` `SENT BY PETITIONER TO 2ND RESPONDENT`
`EXHIBIT-P15`	`TRUE` `COPY` `OF` `THE` `REPRESENTATION` `DATED` `13.06.2023 SUBMITTED BY THE PETITIONER TO THE` `4TH RESPONDENT`
`EXHIBIT-P16`	`TRUE` `COPY` `OF` `THE` `REPRESENTATION` `DATED` `19.07.2023 SUBMITTED BY THE PETITIONER TO THE` `4TH RESPONDENT`
`EXHIBIT-P17`	`TRUE` `COPY` `OF` `THE` `JUDGMENT` `IN` `W.P.(C)` `NO.30310/2019 OF THE HON’BLE HIGH COURT OF` `KERALA`
`EXHIBIT-P18`	`TRUE COPY OF THE LETTER DATED 06.06.2023 OF THE` `EXECUTIVE ENGINEER, KERALA WATER AUTHORITY TO` `THE PETITIONER`

J and B Engineering and Construction Company v. Kerala Water Authority

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J and B Engineering and Construction Company v. Kerala Water Authority

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