IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 24094 of 2011(J) -------------------------- PETITIONER(S): --------------- T.I.RAJU,AGED 63 YEARS, LATE T.E.ITHAPRI GOVERNMENT CONTRACTOR, THURUTHUMMEL HOUSE, KUSUMAGIRI P.O., KOCHI-30. BY ADV. SRI.P.K.JOSE SMT.TESSY JOSE RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM,THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM DISTRICT. 2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY,PUBLIC HEALTH CIRICLE, PALAKKAD-9, KERALA, 3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHROITY, PROJECT DIVISION, PALAKKAD. SRI.M.DINESH, SC FOR KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.24094/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. TURE COPY OF THE SPECIAL CONDITIONS FOR SUPPLYING AND LAYING FOR AC/CI PIPES WHICH IS APPLICABLE IN THE CASE OF THE TRACTOR AS LADI DOWN BY THE WATER AUTHOIRTY. EXHIBIT P2(a)TRUE COPY OF THE REQUESTS SENT BY THE PEITIONER TO THE RESPSONDENT KWA WITH REGARD TO WORK OF REACH 1 AND II DATED 6.5.2010. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 3.3.2011 ADDRESSED THROUGH PROPER CHANNEL TO THE 2ND RESPONDENT THE SUPD. ENGINEER,KWA. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 14/7/2011 SENT BY THE PETITIONER TO THE 1ST RESPONDANT KWA. RESPONDANTS'S EXHIBITS : NIL // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 24094 of 2011 J ``````````````````````````````````````````````````````````` Dated this the 30th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is a Contractor. He had undertaken the work for supplying and laying 350 mm CI Class A pipes for raw water pumping main reach-I-1000 meter and contract for supplying and laying 350 mm CI Class A pipes for raw water pumping main reach-II-1000 meter. Ext.P1 is an extract of the agreement between the parties containing the Special Conditions, which, in so far as it is relevant for the purpose of this case, reads as under:- “18. The contractor shall guarantee satisfactory performance of the pipeline for a period of 18 months after the completion of the works. During this guarantee period, any repairs that shall be necessitated shall be carried out by the contractor without any extra cost and within the shortest possible time, failing W.P.(C) No.24094/2011 : 2 : which the work shall be arranged/attended by the KWA at the risk and cost of the contractor. However, the entire security deposit including the retention amount shall be retained with KWA, till the end of guarantee period and only the balance shall be paid on satisfactory completion of the works as per rules.” 2. Case of the petitioner is that, though the 18 months period specified in the agreement has expired long ago, the retention money has not been refunded so far. It is therefore this writ petition has been filed for appropriate orders. 3. Standing Counsel appearing for the respondents contends that, though the work has been completed by the petitioner as contended by him, the project has not been commissioned so far and, therefore, the petitioner cannot seek refund of the retention money. 4. However, I am unable to agree with the Standing Counsel for the reason that the agreement between the parties does not make release of retention money due to the W.P.(C) No.24094/2011 : 3 : petitioner, on the commissioning of the project. On the other hand, the petitioner is entitled to get the retention money released on the expiry of the 18 months period specified in Clause 18 of the Special Conditions from the date of completion of the work awarded. 5. Respondents have no case that the 18 months period has not expired from the date of completion of the work. If that be so, irrespective of the reason stated that the project has not been commissioned, the petitioner is entitled to get the retention money. 6. Therefore, there will be a direction to the respondents to refund to the petitioner the security and retention amount deposited by him, at any rate, within four weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/30/09 // True Copy // P.A. To Judge