2025:KER:28232 WP(C) NO. 1071 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. 1071 OF 2025 PETITIONER: K.M.MOHAMMED RASHEED AGED 66 YEARS S/O.RASHEED, RESIDING AT KARUKAMANNIL HOUSE, EDAYUR NORTH.P.O, VALANCHERRY, MALAPPURAM, PIN - 676552 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD A.MOHAMMED FAIZAL ARJUN P.V. HARKISH SREETHU V.S. RESPONDENTS: 1 KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P.H CIRCLE, KERALA WATER AUTHORITY, UP HILL.P.O. MALAPPURAM, PIN - 676505 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, UP HILL.P.O, MALAPPURAM, PIN - 676505 2025:KER:28232 WP(C) NO. 1071 OF 2025 2 SC BY ADV P.M.JOHNY SC SRI 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:28232 WP(C) NO. 1071 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 amounts deposited by the petitioner as per Exts.P1(A), P2(A), and P3(A) agreements by adjusting the amounts from Ext.P6 bill issued by the third respondent. 2. The petitioner is a work contractor, who was awarded the work covered by Exts.P1, P2 and P3 work orders. Consequently, the petitioner had executed Exts.P1(A), P2(A) and P3(A) agreements and deposited Rs.4,53,31,470/-, Rs.2,08,96,270/- and Rs.35,86,600/-, respectively, with the second respondent towards performance guarantees. The petitioner has successfully completed the work. The third respondent has issued Ext.P5 indemnity certificate and Ext.P6 revised CB-3 pertaining to CC 15th & part bill. Due to the delay on the part of the respondents in paying the 2025:KER:28232 WP(C) NO. 1071 OF 2025 4 certified bills, the petitioner is unable to pay his creditors, suppliers and labourers. In the said background, the petitioner has requested the respondents to substitute the performance guarantees submitted for Ext.P1(A), P2(A) and P3(A) agreements by adjusting the amounts from Ext.P6 bill. However, the respondents have not taken any action in the matter. In an identical matter, by Ext.P9 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 indemnity certificate and Ext.P6 revised bill, I am satisfied that 2025:KER:28232 WP(C) NO. 1071 OF 2025 5 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 guarantees submitted by the petitioner for Exts.P1(A), P2(A) and Ext.P3(A) agreements by adjusting the amounts from Ext.P6 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:28232 WP(C) NO. 1071 OF 2025 6 APPENDIX OF WP(C) 1071/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE WORK ORDER (LETTER NO.SE/ PHC/MPM/DB4/39246/2021) DATED 09.05.2022 OF THE SECOND RESPONDENT Exhibit P1(A) A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.SE/PHC/MPM/11/2022-23 DATED 20.05.2022 BETWEEN THE PETITIONER AND THE SECOND RESPONDENT Exhibit P2 A TRUE COPY OF THE WORK ORDER (LETTER NO.SE/PHC/ MPM/DB4/7730/JJM/2022-23) DATED 17.02.2023 OF THE SECOND RESPONDENT Exhibit P2(A) A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.SE/PHC/MPM/62/2022-23 DATED 01.03.2023 BETWEEN THE PETITIONER AND THE SECOND RESPONDENT Exhibit P3 A TRUE COPY OF THE WORK ORDER (LETTER NO.SE/PHC/MPM/DB4/14259/JJM/2020) DATED 17.12.2020 OF THE SECOND RESPONDENT Exhibit P3(A) A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.SE/PHC/MPM/29/2020-21 DATED 01.01.2021 BETWEEN THE PETITIONER AND THE SECOND RESPONDENT Exhibit P4 A TRUE COPY OF THE LETTER DATED 04.12.2024 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT Exhibit P5 A TRUE COPY OF THE INDEMNITY CERTIFICATE NO. KWA/PROJ/MPM/DB1/359/P3/2021 DATED 21.12.2024 Exhibit P6 A TRUE COPY OF THE REVISED CB-3 PERTAINING TO CC 15TH & PART BILL DATED 12.08.2024 OF EXT.P1 WORK 2025:KER:28232 WP(C) NO. 1071 OF 2025 7 Exhibit P7 A TRUE COPY OF THE G.O. (RT) NO. 5989/2020/FIN. DATED OCTOBER 16, 2020 Exhibit P8 A TRUE COPY OF THE ORDER NO. JB/5408/2023 - F1(FUNDS) DATED 06.01.2024 ISSUED BY THE MANAGING DIRECTOR OF THE FIRST RESPONDENT Exhibit P9 A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT DATED 10.12.2024 IN W.P. (C) NO. 42936 OF 2024