2025:KER:28327 WP(C) NO. 4319 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. 4319 OF 2025 PETITIONER: M/S. V.P. GROUP REP BY ITS MANAGING PARTNER, MOHAMMED AFSAL AGED 36 YEARS S/O V.P. ABDUL AZEEZ, RESIDING AT VADAPPILLY HOUSE, AMBATTUKAVU, THAIKKATTUKARA P.O., ALUVA, PIN - 683106 BY ADV TESSY JOSE RESPONDENTS: 1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KALMANDAPAM, PALAKKAD, PIN - 678001 3 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY PH DIVISION, SHORNUR, PIN - 679121 4 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY PROJECT DIVISION, KOLLAM, PIN - 691306 5 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2025:KER:28327 WP(C) NO. 4319 OF 2025 2 OTHER PRESENT: SC – SRI.P.M.JOHNY, 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:28327 WP(C) NO. 4319 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 guarantees deposited by the petitioner for the works covered by Exts.P1 and P2 by adjusting the amount from Ext.P4 bill issued by the third respondent. 2. The petitioner is a works contractor, who was awarded the work covered by Exts.P1 and P2 letter of acceptance. Consequently, the petitioner had deposited Rs.10,05,000/- for Ext.P1 work and Rs.20,11,699/- for Ext.P2 work, with the second respondent towards performance guarantee. The petitioner has successfully completed the work. The third respondent has issued Ext.P4 - 8th and final 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. In the said background, the petitioner has requested the 2025:KER:28327 WP(C) NO. 4319 OF 2025 4 respondents to substitute the performance guarantees by adjusting the amount from Ext.P4 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.P4 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 guarantees submitted by the petitioner for Exts.P1 and P2 works by adjusting the amounts from 2025:KER:28327 WP(C) NO. 4319 OF 2025 5 Ext.P4 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:28327 WP(C) NO. 4319 OF 2025 6 APPENDIX OF WP(C) 4319/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE WORK IN KAPPUR PANCHAYATH DATED 09.02.2022 Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE WORK IN KADAMPAZHIPURAM GRAMA PANCHAYATH DATED 17.02.2022 Exhibit P3 A TRUE COPY OF THE CONCURRENCE CERTIFICATE DATED 03.03.2022 ISSUED BY THE 5TH RESPONDENT Exhibit P3(a) TYPED COPY OF EXHIBIT P3 Exhibit P4 A TRUE COPY OF THE 8TH AND FINAL BILL OF THE WORK OF KAPPUR PANCHAYATH WORTH RS 61,70,913 DATED NIL ISSUED BY THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE REQUEST DATED 13.12.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF GO(RT) NO.5989/2020 DATED 16.10.2020 Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.44610/2024 DATED 19.12.2024 Exhibit P8 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.44471/2024 DATED 19.12.2024