W.P(C)NO.10451/2025 1 2025:KER:27687 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 10451 OF 2025 PETITIONER: BINU MATHEW AGED 47 YEARS KOTTAVIRUTHIL HOUSE, ANAPRAMPAL NORTH P.O, THALAVADY ALAPPUZHA, PIN – 689572. BY ADVS. JOMY GEORGE R.PADMARAJ SAJEEVAN V.T. R.AJITH KUMAR [V.K.EDOM] ARJUN S. PRAKASH ANAND SASIDHARAN SREEDEVI V.S. RESPONDENTS: 1 EXECUTIVE ENGINEER WATER SUPPLY PROJECT DIVISION, KERALA WATER AUTHORITY, KALAMANDALAM, PALAKKAD, PIN - 678001 2 SUPERINTENDING ENGINEER P.H. CIRCLE, KERALA WATER AUTHORITY, PALAKKAD, PIN - 678001 3 CHIEF EXECUTIVE OFFICER KERALA INFRASTRUCTURE INVESTMENT FUND BOARD, 2ND FLOOR, FELICITY SQUARE, M.G ROAD, STATUE, THIRUVANANTHAPURAM, PIN - 695001 4 KERALA WATER AUTHORITY JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695001 BY ADV P.M.JOHNY SC SRI.CHANDRASEKHARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)NO.10451/2025 2 2025:KER:27687 JUDGMENT The writ petition is filed to direct the respondents to release the security deposit/ performance guarantee and maintenance amount to the petitioner, expeditiously. 2. The petitioner had undertaken various works for the 4th respondent – the Kerala Water Authority. The petitioner was awarded with the work covered by Ext.P1 letter of acceptance. The petitioner had deposited Rs.40,89,000/- towards performance guarantee and Rs.40,33,000/- towards additional performance guarantee. The petitioner has successfully completed the work as evidenced by Ext.P3 certificate. Subsequently, the additional performance guarantee was released to the petitioner. The guarantee period for the work is 24 months from the date of completion, which expired on 30.5.2024. Notwithstanding the fact that the W.P(C)NO.10451/2025 3 2025:KER:27687 maintenance period is complete, the respondents are not returning the performance guarantee and maintenance amount to the petitioner. In a case of identical nature, by Ext.P4 judgment, this Court has permitted the above course. The petitioner is entitled to the benefit of Ext.P4 judgment. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 4, Having considered the facts and materials on record, particularly Ext.P3 certificate, which shows that the petitioner has successfully completed the contract and the maintenance period is already completed on 30.5.2024, I am of the view that the petitioner is entitled to the refund of the security deposit/performance guarantee and the maintenance amount pursuant to Ext.P1 agreement, subject to the condition that the petitioner executes a simple bond for the said amount. W.P(C)NO.10451/2025 4 2025:KER:27687 In the circumstances, the writ petition is allowed, by directing the competent among the respondents to release the security deposit/performance guarantee and maintenance amount to the petitioner within sixty days from the date of production of a copy of this judgment, subject to the condition that the petitioner executes a simple bond in favour of the competent among the respondents. The writ petition is ordered accordingly. Sd/- C.S.DIAS ma/01.04.2025 JUDGE W.P(C)NO.10451/2025 5 2025:KER:27687 APPENDIX OF WP(C) 10451/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 25.09.2019 ISSUED BY THE 2ND RESPONDENT HAVING NO. KWA/PHC/PKD/KIIFB/KARIMBA-PHASE I/17- 18 ACCEPTING THE BID SUBMITTED BY THE PETITIONER Exhibit P2 RELEVANT PORTION OF THE NIT OF THE KERALA WATER AUTHORITY ISSUED BY THE TENDERING OFFICER Exhibit P3 THE TRUE COPY OF THE WORK COMPLETION CERTIFICATE ISSUED BY THE 1ST RESPONDENT CERTIFYING THAT THE WORK HAS BEEN COMPLETED ON 30.05.2022 IN A SATISFACTORY MANNER AND THAT TRIAL RUNNING AND COMMISSIONING WAS YET TO BE DONE Exhibit P4 THE TRUE COPY OF THE JUDGMENT OF W.P. (C) NO.11148/2022