Kerala High Court
George Mathew vs State Of Kerala on 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943
WP(C) NO. 16958 OF 2021
PETITIONER:
GEORGE MATHEW, AGED 57 YEARS,
S/O. MATHEW, EDAPAZHATHIL HOSUE,
MANJALLOOR, VAZHAKULAM P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT-686 670.
BY ADVS.
GEORGE MATHEW
PRAVEEN S.
M.D.SASIKUMARAN
SUNIL KUMAR A.G
DIPU JAMES
ELSA DENNY PINDIS
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
WATER RESOURCES DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA WATER AUTHORITY,
REP. BY ITS MANAGING DIRECTOR,
HEAD OFFICE, JALA BHAVAN,
VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 033.
3 SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY,
PUBLIC HEALTH CIRCLE,
MALAPPURAM-676 505.
4 EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,
PROJECT DIVISION,
WP(C)No.16958/2021
2
MALAPPURAM-676 505.
5 THE FINANCE MANAGER &
CHIEF ACCOUNTS OFFICER,
KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 033.
BY ADVS.
R1 - SMT.VINITHA B., SR.G.P.
R2-R5 SHRI.P.BENJAMIN PAUL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)No.16958/2021
3
JUDGMENT
Dated this the 4th day of December, 2021
The petitioner is an 'A' Class PWD Contractor. The
petitioner undertook the work of "State Plan - 2019-20 -
Rural Water Supply Scheme - Water Supply Scheme to
Cheekode and adjoining Villages - Package-II - laying
balance distribution lines to Vazhayur and Vazhakkad
Panchayaths in Malappuram District".
2. The work was for amount of `6,41,00,000/-
(Rupees Six crore forty one lakhs only). The petitioner
executed an agreement on 05.11.2020 with the 3 rd
respondent. The 4th respondent is the implementing agency
and the 5th respondent has to release fund for the work.
3. The petitioner commenced the work and
completed the same on 26.11.2021. Inspite of the completion
of the work, the amount due to the petitioner has not been
WP(C)No.16958/2021
paid. The petitioner would submit that an amount
`2,15,56,835/- (Rupees Two crore fifteen lakhs fifty six
thousand eight hundred and thirty five only) is due to him
under the Part Bill. The amount has not been paid so far.
The petitioner has raised funds borrowing from private
financial sources. Unless the amount is paid, the petitioner
will be put to great hardship.
4. The learned Standing Counsel for the respondents
entered appearance and stated that the Kerala Water
Authority is facing acute financial crisis now and they are not
in a position to honour all bills submitted by various
contractors at one go. The KWA has adopted a criteria and is
making payments to the contractors on the basis of such
criteria. The petitioner will be paid the amount due to him as
and when his turn arises.
5. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the
respondents.
WP(C)No.16958/2021
6. The fact that the petitioner has executed an
agreement with the KWA and has completed the work as per
the agreement, is not disputed. The petitioner has raised Bills
for the completed work. The only reason advanced by the
respondents for delay in payment is the financial crisis of the
KWA. This Court is of the considered view that after
extracting the work from the petitioner, the KWA cannot delay
payments due to the petitioner for an indefinite period.
In the circumstances, the writ petition is disposed of
directing the respondents to pay the 50% amount found due
to the petitioner on or before 31.03.2022 and the balance
50% amount within another two months thereafter.
Sd/-
N. NAGARESH
JUDGE
ncd/04.12.2021
WP(C)No.16958/2021
APPENDIX OF WP(C) 16958/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF PERFORMA FOR FUND REQUEST
ALONG WITH FORWARDING LETTER
NO.KWA/PROJ/MPM/HC/24/2021 DATED
15.7.2021 ISSUED BY 4TH RESPONDENT TO
5TH RESPONDENT.
