WP(C) NO. 11268 OF 2025 1 2025:KER:28643 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 11268 OF 2025 PETITIONER: C.T.THAMBI AGED 50 YEARS S/O.T.D.SUNNY, RESIDING AT 'ANUGRAHALAYAM', CHAKKALAKKAL HOUSE, KARIPPAKUNNU, PATTIKKADP.O, THRISSUR, PIN - 680652 BY ADVS.SRI.P.SHANES METHAR SRI.N.KRISHNA PRASAD SRI.A.MOHAMMED FAIZAL SRI.ARJUN P.V. RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANTHAPURAM, PIN - 695033 2 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY, SAKTHAN THAMPURAN NAGAR, HIGH ROAD, THRISSUR, PIN - 678001 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, NATTIKA, THRISSUR, PIN - 680566 BY ADV SRI.P.M.JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11268 OF 2025 2 2025:KER:28643 JUDGMENT Dated this the 03rd day of April, 2025 The writ petition is filed to direct the 2nd respondent to substitute the performance guarantee submitted by the petitioner in compliance with Ext.P2 agreement by adjusting the same from Ext.P3 bill. 2. The petitioner is an ‘A’ class contractor. The petitioner was awarded with the work covered by Ext.P1 work order. The petitioner had executed Ext.P2 agreement. In compliance with the conditions in Ext.P2 agreement, the petitioner had deposited Rs.95,58,500/- towards performance guarantee. The petitioner is facing a financial crisis. The 2nd respondent has certified Ext.P3 CB 3 Voucher pertaining to CC 2nd and part bill. In a case of an identical nature, by Ext.P7 judgment, this Court has permitted the release of performance guarantee towards running bill. The petitioner is entitled to the benefit of a similar judgment. Hence, the writ petition. WP(C) NO. 11268 OF 2025 3 2025:KER:28643 3. Heard; the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 4. On a consideration of the facts and the materials on record, particularly that Ext.P3 voucher submitted by the 2nd respondent, I am satisfied that the writ petition is to be allowed. In the above circumstances, I direct the 2nd respondent to release the performance guarantee submitted by the petitioner for Ext.P2 agreement by recouping an equal amount from Ext.P3 final bill. The above exercise shall be done within six weeks from the date of production of a copy of this judgment The writ petition is ordered accordingly Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 11268 OF 2025 4 2025:KER:28643 APPENDIX OF WP(C) 11268/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LETTER NO.KWA/PHC/TSR/D5/4873/2022 DATED 06.02.2023 (WORK ORDER) OF THE SECOND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.70/SE/PHC/TSR/2022-23 DATED 17.02.2023 BETWEEN THE PETITIONER AND THE SECOND RESPONDENT EXHIBIT P3 A TRUE COPY OF THE CB3 VOUCHER DATED 03.06.2024 PERTAINING TO CC 2ND & PART BILL OF EXT.P1 EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 09.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT EXHIBIT P5 A TRUE COPY OF THE G.O. (RT) NO. 5989/2020/FIN. DATED OCTOBER 16, 2020 EXHIBIT P6 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 P7 A TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT DATED 10.12.2024 IN W.P.(C) NO.42936 OF 2024