2025:KER:28318 WP(C) NO. 1303 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. 1303 OF 2025 PETITIONER: O. ABDUL MAJEED AGED 49 YEARS S/O UNNIMOYIN OLIKKATHODI RESIDING AT CHERUPARAMBU HOUSE, NEDIYIRUPPU.P.O., MALAPPURAM, PIN - 673638 BY ADV TESSY JOSE RESPONDENTS: 1 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER, K.W.A. , P.H. CIRCLE, MALAPPURAM, PIN - 676505 3 EXECUTIVE ENGINEER KERALA WATER AUTHORITY PROJECT DIVISION MALAPPURAM, PIN - 676505 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:28318 WP(C) NO. 1303 OF 2025 2 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 for the work covered by Ext.P1 by adjusting the amounts from Ext.P5 bill issued by the third respondent. 2. The petitioner is a Government contractor, who was awarded with the work covered by Ext.P1 letter of acceptance. Consequently, the petitioner had deposited Rs.77,59,400/- towards performance guarantee in the form of Fixed deposit and Ext.P3 Treasury Deposit for Rs.42,70,500/-. The petitioner has successfully completed the work. The third respondent has issued Ext.P5 bill CB-3 Voucher of 10th part bill. 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. 2025:KER:28318 WP(C) NO. 1303 OF 2025 3 In the said background, the petitioner has requested the respondents to substitute the performance guarantee by adjusting the amount from Ext.P5 bill. However, the respondents have not taken any action in the matter. In an identical matter, by Ext.P7 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.P5 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 2025:KER:28318 WP(C) NO. 1303 OF 2025 4 Exts.P2 and P3 submitted by the petitioner by adjusting the amount from Ext.P5 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:28318 WP(C) NO. 1303 OF 2025 5 APPENDIX OF WP(C) 1303/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 21.03.2023 Exhibit P2 A TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE SUBMITTED BY THE PETITIONER IN FAVOUR OF 2ND RESPONDENT DATED 28.03.2023 WITH CERTIFICATE NO JL1400116 WORTH RS 77,59,400/-(50% OF PERFORMANCE GUARANTEE) Exhibit P3 A TRUE COPY OF THE TREASURY DEPOSIT NO JL 1467780 DATED 17.06.2023 SUBMITTED BY THE PETITIONER IN FAVOUR OF 2ND RESPONDENT FOR RS.42,70,500/- Exhibit P4 A TRUE COPY OF GO(RT) NO.5989/2020 DATED 16.10.2020 Exhibit P5 A TRUE COPY OF THE CB3 VOUCHER OF 10TH PART BILL FOR THE AMOUNT OF RS.1,47,66,545/- ISSUED BY THE 3 RD RESPONDENT TO THE PETITIONER DATED 24.12.2024 Exhibit P6 A TRUE COPY OF THE REQUEST DATED 31.12.2024 SENT BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.44471/2024 DATED 19.12.2024