2025:KER:28315 WP(C) NO. 45749 OF 2024 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. 45749 OF 2024 PETITIONER: M/S. HYDRO ELECTRICAL SYSTEM MASTHAN GHORI STREET, NEAR AMBEDKAR STATUE, ADAMBAKKAM, CHENNAI- REPRESENTED BY ITS PROPRIETOR ASHA RAGHAVAN, W/O V. RAGHAVAN, AGED 54YEARS, NO.1, TANGORE STREET, NILAMANGAI NAGAR, ADAMBAKKAM, CHENNAI-., PIN - 600088 BY ADVS. ANIL GEORGE JOBY JACOB PULICKEKUDY SMITHA PHILIPOSE ASHIK TOM ALEX KEVIN GEORGE ADARSH K. RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOTTAYAM-, PIN - 686001 3 THE EXECUTIVE ENGINEER PROJECT DIVISION, KERALA WATER AUTHORITY, COLLECTRATE, KOTTAYAM-, PIN - 686002 4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER 2025:KER:28315 WP(C) NO. 45749 OF 2024 2 KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM -, PIN - 695001 SC BY ADV P.M.JOHNY OTHER PRESENT: SC – 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:28315 WP(C) NO. 45749 OF 2024 3 Dated this the 2nd day of April, 2025 JUDGMENT The writ petition is filed to direct the second respondent to release Ext.P2 treasury deposit deposited towards additional performance guarantee deposited by the petitioner as per Ext.P1 agreement, by adjusting the amount from Ext.P3 bill issued by the third respondent. 2. The petitioner is a Government Contractor, who was awarded with the work of JJM -WSS to Vakathanam Panchayath. Consequently, the petitioner had executed Ext.P1 agreement and deposited Rs.6,53,000/- with the second respondent towards additional performance guarantee by way of Ext.P2 treasury deposit. The petitioner has successfully completed the work. The third respondent has issued Ext.P3- CB3 voucher, CC 1st & part 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 respondents 2025:KER:28315 WP(C) NO. 45749 OF 2024 4 to substitute the additional performance guarantee submitted for Ext.P1 agreement by adjusting the amount from Ext.P3 bill. However, the respondents have not taken any action in the matter. In an identical matter, 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.P3 bill, I am satisfied that the writ petition is to be allowed. In the aforesaid circumstances, I allow the writ petition, by directing the second respondent to release Ext.P2 treasury deposit by adjusting the amounts from Ext.P3 bill. Needless to mention, the petitioner would have to execute the requisite undertaking/indemnity 2025:KER:28315 WP(C) NO. 45749 OF 2024 5 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:28315 WP(C) NO. 45749 OF 2024 6 APPENDIX OF WP(C) 45749/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE AGREEMENT NO.31/SE/PHCK/2023-24 DATED 28.10.2023 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT Exhibit P2 THE TRUE PHOTOCOPY OF TREASURY SAVINGS BANKS TERM DEPOSIT CERTIFICATE FOR AN AMOUNT OF RS.6,53,000/- (RUPEES SIX LAKHS FIFTY-THREE THOUSAND ONLY) DATED 26.10.2022 Exhibit P3 THE TRUE PHOTOCOPY OF CB3 VOUCHER, 1ST & PART BILL FOR AN AMOUNT OF RS.2,63,34,000/- (RUPEES TWO CRORRES SIXTY THREE LAKHS THIRY FOUR THOUSAND ONLY) ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 29.11.2024