IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 12064 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------- M/S.CHICAGO CONSTRUCTIONS,CHITHIRA LANE, KOCHAR ROAD,SASTHAMANGALAM.P.O,THIRUVANANTHAPURAM- 695 010,REP;BY ITS MANAGING.PARTNER,S.MOHANA KUMAR, S/O.SHIVANANDAN.S,AGED 47 YEARS,RESIDING AT MOHANA NIVAS,MOONGODU.P.O,PEYAD,THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): --------------------------- 1. KERALA WATER AUTHORITY,REP; BY THE MANAGING DIRECTOR,KERALA WATER AUTHORITY,JALA BHAVAN,VELLAYAMBALAM,THIRUVANANTHAPURAM. 2. THE PROJECT DIRECTOR,PROJECT IMPLEMENTATION UNIT,KERALA RURAL WATER SUPPLY AND ENVIRONMENTAL SANITATION PROGRAMME,KERALA WATER AUTHORITY, VADAKKUNTHALA.P.O,KARUNAGAPPALLY, KOLLAM-690 536. 3. THE PROJECT CO-ORDINATOR,PROJECT IMPLEMENTATION UNIT,KERALA WATER AUTHORITY, VADAKKUNTHALA.P.O,KARUNAGAPPALLY,KOLLAM-690 536. 4. THE PROJECT MANAGER,PROJECT DIVISION, KERALA WATER AUTHORITY,AMBALAPPUZHA. 5. THE DEPUTY PROJECT MANAGER,PROJECT SUB DIVISION,CHAVARA.KERALA WATER AUTHORITY. BY ADV. SMT.AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.12064/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER OF ACCEPTANCE NO.KWA/PIU/WB/07 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE AGREEMENT DATED 16/07/2007 EXECUTED BETWEEN THE PETITIONER AND 1ST RESPONDENT. P3 COPY OF THE LETTER DATED 22/12/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4 COPY OF THE LETTER DATED 20/1/2009 ISSUED BY THE PETITIONER TO RESPONDENTS 2, 4 AND 5. P5 COPY OF THE PETITION SUBMITTED BEFORE THE NAMED ADJUDICATOR. P6 COPY OF THE LETTER ISSUED BY MRS.T.R.INDIRA TO THE PETITIONER DATED 23/02/2009. P7 COPY OF THE LETTER DATED 16/03/2009 ISSUED BY SMT.T.R.INDIRA TO THE PETITIONER. P8 COPY OF THE LETTER DATED 26/2/2009 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE RELEVANT PAGES OF THE CONDITIONS OF CONTRACT IE CLAUSES 39,40,41 AND 24(1). R1(B) COPY OF THE LETTER DATED 6/08/08 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. R1(C) COPY OF THE LETTER DATED 28/08/08 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. R1(D) COPY OF THE LETTER DATED 6/09/08 SENT BY THE PETITIONER TO THE 2ND RESPONDENT SUBMITTING THE QUOTATION FOR THE EXTRA ITEMS. R1(E) COPY OF THE LETTER DATED 03/12/07 OF THE 2ND RESPONDENT TO THE 5TH RESPONDENT. R1(F) COPY OF THE CLAUSE NO.5 OF SPECIAL CONDITIONS OF CONTRACT. R1(G) COPY OF THE CENTRAL EXCISE DUTY EXEMPTION AVAILED IN THE NAME OF M/S UPADHYAYA VALVES MANUFACTURERS PVT LTD. R1(H) COPY OF THE RELEVANT PAGES EVIDENCING THE INSPECTION. R1(I) COPY OF THE INVOICE OF M/S.ANANTHAPURI SANITATIONS 2/- -2- WP(C)NO.12064/2009 R1(J) COPY OF THE CENTRAL EXCISE DUTY EXEMPTION AVAILED IN THE NAME OF KAMAL PIPES. R1(K) COPY OF THE PREDELIVERY INSPECTION OF THE PIPES. R1(L) COPY OF THE PAGE NO.31 OF MD 20/08 R1(M) COPY OF THE LETTER NO.KWA/JB/EAP/WB/ DATED 05/07/07 OF THE 2ND RESPONDENT TO SMT.T.R.INDIRA, MANAGING DIRECTOR (RTD) R1(N) COPY OF THE LETTER NO.KWA/PIU/WB/533/2007-08 DATED 26/02/09 OF THE 2ND RESPONDENT TO SMT.T.R.INDIRA, MANAGING DIRECTOR(RTD) /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J ....................................................... W.P.(C).12064/2009 .............................................. Dated this the 12th day of August, 2011 JUDGMENT The prayers sought in the writ petition are as follows:- (i). Issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to Ext.P8 and quash the same. (ii). Issue a writ or mandamus or any other appropriate writ, order or direction commanding the second respondent to act upon Ext.P3 and refer the decision of the Engineer negativing the petitioners claim for the additional works done pursuant to Ext.P2, to the adjudicator in accordance with clause 24.1 of the 'conditions of contract' contained in Section 3 of the IFB. (iii). Issue a mandamus or any other appropriate writ order or direction commanding the respondents to notify the decision of the engineer, negativing the petitioners claim expeditiously. 2. Along with I.A.13140/2011, respondents has produced order dated 21.5.2011, which reads as under:- “Board on the direction received vide reference 2nd cited from the Managing Director, Kerala Water Authority, Sri.R.Sasidharan Nair Superintending W.P.(C).12064/09 2 Engineer (Retd) KWA and Sri. K.Padmanabhan Achari Executive Engineer (Retd) KWA were requested to inform their willingness to act as the Adjudicator for resolving the dispute between the Contractor M/s. Chicago Constructions, Thiruvananthapuram and the Engineer of the subject work as per clause 36 of the bid document. Among them Sri.K.Padmanabhan Achari Executive Engineer (Retd) KWA, Parvathy, LRA-A-63 Nettayam Thiruvananthapuram-695013 expressed his willingness for the same. The contracting firm also agreed for appointing him as Adjudicator. Under these circumstances, it is hereby informed that Sri.K.Padmanabhan Achari has been appointed as Adjudicator for the subject matter for early actions.” 3. Now that an Adjudicator has been appointed as sought for by the petitioner, it is for the Adjudicator to decide the entire issue raised in the writ petition, including regarding the validity of Ext.P8. Therefore, leaving it open to the Adjudicator to complete the adjudication, in pursuance to the aforesaid order, as expeditiously as possible, writ petition is closed. ANTONY DOMINIC, Judge mrcs