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2025 DAILYLAW 8892 (KER)

UNNIKRISHNAN v. KERALA WATER AUTHORITY

WP(C)/43189/2024 · 2025-04-07

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 43189 OF 2024 1 2025:KER:30508 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 43189 OF 2024 PETITIONER: UNNIKRISHNAN AGED 47 YEARS S/O.VASUDEVAN PACHEERI TIROORKKAD VALAMBUR MALAPPURAM DISTRICT PROPRIETOR UMR CONTRACTING & TRADING COMPANY ANGADIPPURAM, MALAPPURAM DISTRICT, PIN - 678321 BY ADVS. K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA) RESPONDENTS: 1 KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695001 2 THE SUPERINTENDING ENGINEER PH CIRCLE, KERALA WATER AUTHORITY, MALAPARAMBA KOZHIKODE-, PIN - 673010 BY ADV P.M.JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 43189 OF 2024 2 2025:KER:30508 JUDGMENT The writ petition is filed to direct the 2nd respondent to consider and dispose of Ext.P2 representation expeditiously. 2. The petitioner is a Government contractor. The petitioner was awarded with the work covered by Ext.P1 letter of acceptance. The petitioner had deposited Rs.25,000/- as fine towards the delay in executing the agreement. However, the work did not commence due to laches of the 1st respondent Authority. In the said circumstances, the petitioner has submitted Ext.P2 representation before the 2nd respondent for the refund of Rs.25,000/- on 09.08.2024. But, the same has not been considered till date. Hence, the writ petition. 3. Heard; the learned counsel appearing for the petitioner and the learned Standing Counsel for the respondents. On a consideration of facts and materials on record, particularly that Ext.P2 representation is pending consideration before the 2nd respondent since 09.08.2024, without expressing anything on the merits of Ext.P2, I direct WP(C) NO. 43189 OF 2024 3 2025:KER:30508 the 2nd respondent to consider and dispose of Ext.P2, in accordance with the law and as expeditiously as possible, at any rate, within sixty days from the date of production of a copy of this judgment. The writ petition is ordered accordingly. Sd/-C.S.DIAS JUDGE lsn WP(C) NO. 43189 OF 2024 4 2025:KER:30508 APPENDIX OF WP(C) 43189/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE OF E- TENDER WAS ISSUED BY THE SUPERINTENDING ENGINEER, DATED 10-5-2023 Exhibit P2 TRUE COPY OF THE LETTER DATED 9-8-2024 SENT BY THE PETITIONER TO THE 2ND RESPONDENT