2025:KER:28319 WP(C) NO. 621 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 621 OF 2025 PETITIONER: ANURAAG ENGINEERS PRIVATE LIMITED EERA–61–A FIRST FLOOR, AARAMAM, SREEKARIYAM P.O. THIRUVANANTHAPURAM,REPRESENTED BY ITS DIRECTOR SHRI.RAGOTHAMAN.G, PIN - 695017 BY ADVS. N.KRISHNA PRASAD A.MOHAMMED FAIZAL P.SHANES METHAR DEEPAK VARUGHESE MATHEW GEETHU SUSAN VARGHESE ARJUN P.V. HARKISH SREETHU V.S. RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM POST, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, OBSERVATORY HILLS, THIRUVANANTHAPURAM, PIN - 695033 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, OBSERVATORY HILLS, THIRUVANANTHAPURAM, PIN - 695033 2025:KER:28319 WP(C) NO. 621 OF 2025 2 4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 OTHER PRESENT: SC - P.M.JOHNY, GEORGIE JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28319 WP(C) NO. 621 OF 2025 3 Dated this the 2nd day of April, 2025 JUDGMENT The writ petition is filed to direct the second respondent to substitute the performance guarantee deposited by the petitioner as per Ext.P5 agreement, by adjusting the amount from Ext.P7 bill issued by the third respondent. 2. The petitioner is a work contractor, who was awarded with the work covered by Ext.P2 letter of acceptance. Consequently, the petitioner had executed Ext.P5 agreement and deposited Rs.4,83,250/- towards performance guarantee in the form of Ext.P3 treasury deposit and Ext.P4 bank guarantee for Rs.4,85,000/-, The petitioner has successfully completed the work. The third respondent has issued Ext.P7 bill CB-3 Voucher in respect of the work captioned JJM(2020-2021) – Chenkal Grama Panchyath. Due to the delay on the part of the respondents in paying the certified bills, the petitioner is unable to pay his creditors, suppliers and labourers. In 2025:KER:28319 WP(C) NO. 621 OF 2025 4 the said background, the petitioner has requested the respondents to substitute the performance guarantee submitted for Ext.P5 agreement by adjusting the amount from Ext.P7 bill. However, the respondents have not taken any action in the matter. In an identical matter, by Ext.P8 judgment, this Court has permitted the above course. The petitioner is entitled to the benefit of a similar judgment. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 4. On a consideration of the facts and the materials on record, especially in view of the fact that the third respondent has issued Ext.P7 bill, I am satisfied that the writ petition is to be allowed. In the afore said circumstances, I allow the writ petition, by directing the second respondent to substitute the performance guarantee in the form of Exts.P3 and P4 submitted by the petitioner for Ext.P5 2025:KER:28319 WP(C) NO. 621 OF 2025 5 agreement by adjusting the amount from Ext.P7 bill. Needless to mention, the petitioner would 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. The writ petition is ordered accordingly. SD/- rmm2/4/2025 C.S.DIAS, JUDGE 2025:KER:28319 WP(C) NO. 621 OF 2025 6 APPENDIX OF WP(C) 621/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTICE INVITING TENDER E-TENDER NO.105/2023-2024/ KWA/PHC/D2/TVM/RT1 Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 19/10/2023 ALONG WITH THE ACCEPTED SCHEDULE Exhibit P3 TRUE COPY OF THE TREASURY FIXED DEPOSIT NO. 1586694 DATED 13/11/2023 FOR AN AMOUNT OF RS.4,83,250/- Exhibit P4 TRUE COPY OF THE BANK GUARANTEE DATED 10/11/2023 Exhibit P5 TRUE COPY OF THE AGREEMENT NO.128/2023-24 DATED 13/11/2023 WITH THE SECOND RESPONDENT. Exhibit P6 TRUE COPY OF THE G.O(RT) NO. 5989/2020/FIN DATED 16/10/2020 Exhibit P7 TRUE COPY OF THE CB-3 VOUCHER DATED 26/02/2024 Exhibit P8 TRUE COPY OF THE JUDGMENT RIN WRIT PETITION (CIVIL) NO. 43405/2024 DATED 16/12/2024