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2025 DAILYLAW 5498 (KER)

P.G.GOPALAKRISHNAN v. KERALA WATER AUTHORITY

WP(C)/12214/2025 · 2025-03-27

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No.12214 of 2025 1 2025:KER:26269 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12214 OF 2025 PETITIONER/S: P.G.GOPALAKRISHNAN AGED 51 YEARS S/O.GOPI, ‘C’ CLASS CONTRACTOR, PANIKKASSERY HOUSE, MOTHIRAKANNI P.O., THRISSUR DISTRICT, PIN - 680724 BY ADVS. SHEEJO CHACKO LIKHITHA E.S S.S.SAILAKSHMI SONITH THOMAS CHACKO RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, TRIVANDRUM, PIN - 695003 2 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM, TRIVANDRUM, PIN - 695003 3 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, OFFICE OF PUBLIC HEALTH CIRCLE, HIGH ROAD SAKTHAN THAMBURAN NAGAR, THRISSUR- 695003 4 EXECUTIVE ENGINEER KERALA WATER AUTHORITY OFFICE OF THE EXECUTIVE ENGINEER PH DIVISION, IRINJALAKUDA, PIN - 680121 5 ASSISTANT EXECUTIVE ENGINEER WSP SUB DIVISON, CHALAKUDY, PIN - 680307 WP(C) No.12214 of 2025 2 2025:KER:26269 6 ASSISTANT ENGINEER WATER SUPPLY PROJECT SECTION NO.1, CHALAKUDY- 680307 BY ADV P.M.JOHNY GP SRI B S SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.12214 of 2025 3 2025:KER:26269 JUDGMENT Dated this the 27th day of March, 2025 The writ petition is filed, inter alia, to direct the 3rd respondent to consider and dispose of Ext.P9 representation expeditiously. 2. The petitioner was awarded with Ext.P2 contract on 24.08.2023. The site was handed over to the petitioner on 03.09.2023 and the work was directed to be completed within six months. Subsequently, the contract was extended up to 30.09.2024. The petitioner had supplied pipes and payments were made. However, the 1st respondent authority has failed to obtain the road cutting permission, which is admitted in Ext.P8 letter. Therefore, the contract stands frustrated. The petitioner does not desire to go ahead with the contract. Hence, he has submitted Ext.P9 representation before the 4th respondent on 20.02.2025, but no action has been taken on the same. Hence, the writ petition. 3. Heard; the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents. WP(C) No.12214 of 2025 4 2025:KER:26269 4. On a consideration of the facts and the materials on record, without expressing anything on the merits on Ext.P9 representation, I deem it appropriate to direct the 4th respondent to consider and dispose of the same expeditiously. In the aforesaid circumstances, the writ petition is disposed of, by directing the 4th respondent to consider and dispose of Ext.P9 representation, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy of this judgment, after affording the petitioner an opportunity of being heard. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ/27.03.2025 WP(C) No.12214 of 2025 5 2025:KER:26269 APPENDIX OF WP(C) 12214/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTO COPY OF LETTER OF ACCEPTANCE ALONG WITH ACCEPTED SCHEDULE DATED 14.08.2023 ISSUED BY 4TH RESPONDENTS Exhibit P2 THE TRUE PHOTO COPY OF THE AGREEMENT NO. 25/EE/PHD/IJK/2023-24 DATED 24.08.2023 EXECUTED BETWEEN PETITIONER AND 4TH RESPONDENT Exhibit P3 THE TRUE PHOTO COPY OF THE MEMO OF WORK TENDERED CONTAINING THE ENTIRE DETAILS OF WORK AND SECURITY DEPOSITS Exhibit P4 THE TRUE COPY OF THE ACKNOWLEDGEMENT FORM DATED 6.10.2023 OF HANDING OVER THE SITE OF THE ABOVE WORK TO THE PETITIONER CONTRACTOR Exhibit P5 THE TRUE PHOTO COPY OF VOUCHER ISSUED BY 4TH RESPONDENT EXECUTIVE ENGINEER TO PETITIONER Exhibit P6 THE TRUE PHOTO COPY OF REPRESENTATION DATED 21.08.2024 FILED BEFORE 4TH RESPONDENT ALONG WITH TYPED COPY Exhibit P7 THE TRUE COPY OF REPRESENTATION DATED 23.10.2024 FILED BY PETITIONER BEFORE 4TH RESPONDENT ALONG WITH TYPED COPY Exhibit P8 THE TRUE COPY OF LETTER BEARING NO.D2 954/2023 DATED 12.11.2024 ISSUED BY 4TH RESPONDENT TO 2ND RESPONDENT Exhibit P9 THE TRUE COPY OF REPRESENTATION DATED 20.02.2025 FILED BY PETITIONER BEFORE 4TH RESPONDENT Exhibit P10 THE TRUE COPY OF REPRESENTATION DATED 20.02.2025 FILED BY PETITIONER BEFORE 1ST RESPONDENT Exhibit P11 THE TRUE COPY OF REPRESENTATION DATED 20.02.2025 FILED BY PETITIONER BEFORE 2ND RESPONDENT