IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 1323 of 2009(G) ------------------------- PETITIONER(S): ------------------ BETCONS PROJECT CONSULTANTS PVT.LTD. CHALIKKAVATTOM JN., MYTRI LANE VYTTILA PO., COCHIN-682019. REP. BY ITS MANAGING DIRECTOR. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): ------------------- 1. KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. RESIDENT AUDIT OFFICER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 3. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, MUVATTUPUZHA. SRI.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 1323 OF 2009 (G) ===================== Dated this the 27th day of March, 2009 J U D G M E N T The grievance in this writ petition is regarding the delay on the part of the respondents in releasing the security deposit made by the petitioner. 2. Facts show that the petitioner was awarded a work and that the same was completed satisfactorily. Thereupon, payment due for the work was released and subsequently on the expiry of 18 months, the performance guarantee was also released. Still, the security amount of Rs.1 lakh was not released and that led the petitioner to file this writ petition. 3. Today, when the matter came up for orders, in view of Ext.P9 produced by the petitioner along with IA No.4300/09, standing counsel for the respondent also agrees that the amount can be released, but however he wants the right of the respondents to recover the 10% from the supplier in terms of Clause 2 of Ext.P9 to be reserved. To such reservation, petitioner also has no objection. 4. Therefore the writ petition is disposed of directing the WPC 1323/09 :2 : respondents to release Rs.1 lakh deposited by the petitioner towards security as expeditiously as possible, at any rate within 4 weeks of receipt of a copy of this judgment. However, this judgment will not stand in the way of the respondents taking steps for the recovery of the 10% in terms of Clause 2 of Ext.P9, if they are otherwise eligible for the same. ANTONY DOMINIC, JUDGE Rp