IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 1169 OF 2022
PETITIONER/S:
N.A.FRANCIS,
AGED 61 YEARS
S/O.AUGUSTY, NELLIKKUNNEL HOUSE, CHATHAMATTAM POST
OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PINCODE-
686 671.
BY ADVS.
THOMAS J.ANAKKALLUNKAL
ARUN CHANDRAN
HARIMOHAN
ABISHEK JOHNY
NIRMAL CHERIYAN VARGHESE
RESPONDENT/S:
1 THE KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 033.
2 THE SUPERINTENDING ENGINEER,
THE KERALA WATER AUTHORITY, PH CIRCLE, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PATHANAMTHITTA DISTRICT,
PIN CODE-689 101.
3 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION,
KERALA WATER AUTHORITY, ADOOR, PATHANAMTHITTA
DISTRICT, PIN CODE-691 523.
4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
JALABHAVAN, KERALA WATER AUTHORITY,
THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 033.
5 THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF FINANCE, SECRETARIAT, MAHATMA GANDHI
ROAD, NEAR CENTRAL STADIUM JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN CODE-695 001.
BY ADV V.V.JOSHI
OTHER PRESENT:
GP AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 1169 of 2022
-2-
JUDGMENT
Dated this the 27th day of July, 2022 The petitioner, a registered contractor, had carried out certain works for the Kerala Water Authority. The work was completed satisfactorily and the guarantee period was also over. The petitioner is aggrieved by the inordinate delay in sanctioning and disbursing the bills submitted by him.
2. In the statement filed on behalf of the Water Authority, it is stated that the delay is due to paucity of funds and the petitioner had undertaken the work, fully aware of the difficulties being faced by the Water Authority and the possibility of disbursing the amounts. Even if the above submission is accepted, there is no justification for indefinitely delaying the amounts due to the petitioner. W.P.(C) No. 1169 of 2022 -3- Considering that the work was completed on 05.11.2021 and the bill raised on 10.12.2021, the writ petition is disposed of as under;
Respondents 1 to 4 shall pay 50% of the amount due to the petitioner under Ext.P2 within four months and the balance 50% within two months thereafter.
Sd/-
V.G.ARUN JUDGE Scl/27.07.2022 W.P.(C) No. 1169 of 2022 -4- APPENDIX OF WP(C) 1169/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 05.02.2021 ENTERED INTO BY THE PETITIONER AND THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE CB-3 VOUCHER, 1ST AND FINAL BILL ALONG WITH THE COVERING LETTER DATED 10.12.2021.