IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 08TH DAY OF JANUARY 2021/18TH POUSHA, 1942
WP(C).No.14434 OF 2020(D)
PETITIONER:
M/s. NAVIN CONSTRUCTION CORPORATION,
REPRESENTED BY ITS MANAGING PARTNER,
SUGATHAN, AGED 73 YEARS,
S/O.NARAYANAN, ILLIKKATTU HOUSE,
NEAR EDAPPALLY RAILWAY GATE,
AIMS, PONEKKARA, COCHIN-682 041.
BY ADVS.
SRI.ANIL GEORGE
SRI.JOBY JACOB PULICKEKUDY
SRI.T.ANCY
SMT.N.B.FATHIMA SULFATH
SMT.K.BINCYMOL
SHRI.DAJISH JOHN
RESPONDENTS:
1 KERALA WATER AUTHORITY,
REPRESENTED BY THE MANAGING DIRECTOR,
JALABHAVAN, THIRUVANANTHAPURAM-695 033.
2 THE SUPERINTENDING ENGINEER,
P.H.CIRCLE, KERALA WATER AUTHORITY,
PALAKKAD -678 001.
3 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
WATER SUPPLY PROJECT DIVISION,
KERALA WATER AUTHORITY,
PALAKKAD -670141.
R1-3 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER
AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.14434/2020
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 8th day of January, 2021 The writ petition has been filed seeking to direct the respondents to release the part bill amounts as per Ext.P4 voucher.
2. The petitioner has undertaken certain work in pursuant to the agreement with the respondents. The amount due to the petitioner under Ext.P4 part bill is ₹2,08,40,661/-. The learned counsel for the petitioner urged that due to the non-disbursal of the part bill, he is not in a position to proceed with the work and he has pressure from other quarters also for payment towards materials purchased.
3. The learned Standing Counsel for the respondents would submit that the Kerala Water Authority is facing acute cash crunch and they are taking all efforts to disburse the amount due to various contractors by mobilising funds. However, it will take at least four months more for payment of WP(C) No.14434/2020 :3 : due amount to the petitioner.
4. Heard.
5. When this writ petition came up for hearing on 03.11.2020, taking into account the particular circumstances of the case, the respondents were directed to pay the petitioner 25% of Ext.P4 bill amount on or before 30.11.2020 and another 25% of the bill amount on or before 31.12.2020. It is submitted at the Bar that the respondents could pay only 25% of the bill amount so far.
Taking into account the entire facts and circumstances of the case, the writ petition is disposed of directing the respondents to make the payment of the remaining 25% of the amount as directed in the interim order dated 03.11.2020 at the earliest, at any rate, before 31.03.2021. The remaining amounts due under Ext.P4 shall be paid to the petitioner within a period of four months.
Sd/-
N. NAGARESH, JUDGE aks/08.01.2021 WP(C) No.14434/2020 :4 : APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF PARTNERSHIP DEED 1/4/2011.
EXHIBIT P2 THE PHOTOCOPY OF AGREEMENT DATED 23/11/2017.
EXHIBIT P3 THE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 30/6/20. EXHIBIT P4 THE PHOTOCOPY OF THE CB3 VOUCHER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER FOR AN AMOUNT OF RS.2,08,40,661/- DATED 29/6/20. EXHIBIT P5 TRUEPHOTOCOPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 1.10.2020 EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE STATE TAX OFFICER SQUAD NO-1 ERNAKULAM DATED 6.3.2020