IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 24515 of 2009(H) --------------------------------------- PETITIONER(S): ----------------------- S.R.VENUGOPALAN, PROPRIETOR OF NATIONAL ELECTRIC COMPANY MULLASSERY CANAL ROAD, ERNAKULAM. BY ADV. MR.S.R.DAYANANDA PRABHU RESPONDENT(S): -------------------------- 1. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, PERUMANUR, ERNAKULAM, COCHIN-682 016. 2. THE DY.CHIEF ELECTRICAL INSPECTOR, THOPPIL BUILDING, VYTTILA, ERNAKULAM. R1 BY ADV.MR.M.DINESH, SC, KWA BY GOVT. PLEADER MR.M.A.ASIFF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24515/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DTD. 30.1.04 ISSEUD BY THE IST RESPONDENT TO THE PETITIONER P2:- COPY OF THE LETTER DTD. 21.10.05 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P3:- COPY OF THE REPLY LETTER DTD. 22.10.05 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. P4:- COPY OF THE LETTER DTD. 3.9.07 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. P5:- COPY OF THE REMINDER LETTER DTD. 30.11.07 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. P6:- COPY OF THE LETTER DTD. 22.5.05 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. P7:- COPY OF THE LETTER DTD. 12.6.09 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P8:- COPY OF THE LETTER DTD. 22.6.09 ISSUED BY THE PETITIONER TO THE IST RESPONDENT. P9:- COPY OF THE LETTER DTD. 22.6.09 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P10:- COPY OF THE LETTER DTD. 30.7.09 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24515 OF 2009 -------------------------- Dated this the 12th day of October, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. 2. The work of rehabilitation of Perumanur Pump House and allied works was awarded to the petitioner by the Kerala Water Authority. The work was completed in the month of April 2006. The guarantee period of one year expired on 24.7.2007. The grievance voiced by the petitioner is that even thereafter, the security deposit of Rs.37,400 has not been refunded. 3. The learned counsel appearing for the Kerala Water Authority submitted that the security deposit was not refunded for the reason that energisation letter was not issued by the second respondent to the first respondent. Though the learned Government Pleader appearing for the second respondent submitted that the energisation letter was issued on 21st October, 2005, the learned standing counsel appearing for the first respondent submitted that the energisation letter is not seen in the files and therefore, payment was withheld. The learned Government Pleader appearing for the W.P.(C) No. 24515/09 2 second respondent submitted that the energisation letter dated 21.10.2005 was issued to the first respondent directly and that the second respondent cannot be held liable, if it has been misplaced by the first respondent. In my opinion as the work was completed satisfactorily and the guarantee period is over and the Pump House energized and is even now working, the first respondent cannot contend that the petitioner is not entitled to refund of the security deposit. I accordingly dispose of this writ petition with a direction to the first respondent to refund to the petitioner the sum of Rs.37,400/- which was deposited by him as security deposit, within two weeks from the date on which a certified copy of this judgment is produced before the first respondent. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 24515/09 3