M/S. Chicago Constructions ... vs State Of Kerala
2021 Latest Caselaw 12065 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

     FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                        WP(C).No.7277 OF 2021(H)


PETITIONER/S:

                M/S. CHICAGO CONSTRUCTIONS INTERNATIONAL (P) LTD.,
                TC 22/2703, CHITHIRA LANE, KOCHAR ROAD,
                SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010,
                REPRESENTED BY ITS MANAGING DIRECTOR, S.MOHANAKUMAR.

                BY ADVS.
                SRI.BABU JOSEPH KURUVATHAZHA
                SRI.M.G.SREEJITH

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      2         KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB)
                2ND FLOOR, FELICITY SQUARE, KODER LN., PALAYAM,
                THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS
                CHIEF EXECUTIVE OFFICER.

      3         KERALA WATER AUTHORITY
                JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695
                010, REPRESENTED BY ITS MANAGING DIRECTOR.

      4         SUPERINTENDING ENGINEER
                KERALA WATER AUTHORITY, PH CIRCLE, ALAPPUZHA, PIN -
                688001.

      5         EXECUTIVE ENGINEER
                KIIFB PROJECT DIVISION, KERALA WATER AUTHORITY,
                ALAPPUZHA - 688 001.

                R3-5 BY ADV. SRI.BIJILY JOSEPH
                GP SRI CK PRASAD SC SRI NEERAJ NARAYANAN UNNI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7277 OF 2021(H)

                                2




                          JUDGMENT

The petitioner has filed this writ petition for

disbursement of the bills payable to the petitioner for the

work undertaken for Kerala Water Authority, which is

sponsored by the second respondent, KIIFB.

2. The Counsel for the second respondent submits

that the bills can be processed only if the Kerala Water

Authority upload the first part bill of the petitioner, which has

not so far been done by the Kerala Water Authority.

3. There will be direction to the Kerala Water

Authority, the 3rd respondent to upload the first part bill of the

petitioner within a period of two weeks from today. To enable

the Kerala Water Authority to upload the bill, the second

respondents, KIIFB shall approve the contract module and the WP(C).No.7277 OF 2021(H)

work break up schedule, which shall be done by KIIFB

forthwith. The Kerala Water Authority shall upload the first

part bill in a proper format. The amount due to the petitioner

shall be paid to the petitioner within a period of one month

from the date on which the first part bill of the petitioner is

uploaded in the web site by the Kerala Water Authority.

This Writ Petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE RK/16.04.2021 WP(C).No.7277 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE DATED 30/6/2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE FIRST PAGE OF THE ABSTRACT OF THE AGREEMENT NO.02/2020- 21/SE/PHC/ALP DATED 26/8/2020.

EXHIBIT P3 TRUE COPY OF THE MEMO OF WORK TENDERED, ATTACHED TO THE AGREEMENT.

EXHIBIT P4 TRUE COPY OF THE ACCEPTED SCHEDULE OF WORK, ATTACHED TO THE AGREEMENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 5/3/3021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH AND 5TH RESPONDENTS, ALONG WITH THE FIRST PART BILL WORK RS.4,43,62,457/-.

RESPONDENT'S/S EXHIBITS:NIL