IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 8^TH DAY OF JULY 2024 / 17TH ASHADHA, 1946 WP(C) NO. 24286 OF 2024 PETITIONER/S: SATHYADEVAN.K AGED 67 YEARS S/O. KOCHUKRISHNAN ASHAN, KRISHNALAYAM HOUSE, MUNDAKKAL EAST, KOLLAM -, PIN - 691020 BY ADVS.

ANIL GEORGE JOBY JACOB PULICKEKUDY SMITHA PHILIPOSE ASHIK TOM AAKHIL MOHAMMED.P.M ALEX KEVIN GEORGE RESPONDENT/S:

1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-, PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, THIRUVANATHAPURAM -, PIN - 695033

3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PROJECT DIVISION, THIRUVANATHAPURAM -, PIN - 695033

4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-, PIN - 695033 P.M. JOHNY, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner, a registered Government contractor, had undertaken certain works for the Kerala Water Authority. The work was completed to the satisfaction of the authority on 22.02.2019. The petitioner’s grievance is that, in spite of such completion and even the defect liability period being over, the security amount deposited at the time of tender has not been returned.

2. Heard the learned Counsel for the petitioner and the learned Standing Counsel.

3. In so far as the factual aspects, i.e., the satisfactory completion of the work and expiry of the defect liability period are not in dispute, it is only appropriate for the Kerala Water Authority to refund the security amount deposited by the petitioner.

The writ petition is, hence, disposed of directing the respondents to refund the security amount remitted by the petitioner in connection with the work “NRD WP- New WSS to Airoorpara Village”, within two months from the date of receipt of a certified copy of this judgment.

Sd/-

V.G.ARUN JUDGE uu

08.07.2024 APPENDIX OF WP(C) 24286/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE SELECTION NOTICE ISSUED TO THE PETITIONER BY THE

2ND RESPONDENT DATED 09.04.2013 Exhibit P2 THE PHOTOCOPY OF THE AGREEMENT NO.16/13-14 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 07.05.2013 Exhibit P3 THE TRUE PHOTOCOPY OF THE ANNEXURE1 LETTER ISSUED BY THE 3RD RESPONDENT DATED NIL