Mariya Constructions vs Kerala Water Authority
2021 Latest Caselaw 23892 Ker

          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. 16533 OF 2021


PETITIONER:

         M/S. MARIYA CONSTRUCTIONS,
         REPRESENTED BY ITS MANAGING PARTNER,
         JOSE K.L., AGED 64 YEARS, S/O.LOUIS,
         14/1375 KAKKANATT, THOTTILPEEDIKA,
         CHEVARAMBALAM P.O., KOZHIKODE 673 017.

         BY ADVS.
         JOBY JACOB PULICKEKUDY
         ANIL GEORGE
         DAJISH JOHN
         HARIKRISHNAN P.
         ANANDHU K.S


RESPONDENTS:

    1    KERALA WATER AUTHORITY,
         REPRESENTED BY THE MANAGING DIRECTOR,
         JALABHAVAN, THIRUVANANTHAPURAM 695 033.

    2    THE EXECUTIVE ENGINEER,
         KERALA WATER AUTHORITY,
         WATER SUPPLY DIVISION,
         KANNUR 670 622.

    3    THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
         KERALA WATER AUTHORITY, JALABHAVAN,
         THIRUVANANTHAPURAM - 695 033.

         BY R1-R3 ADV. 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.16533/2021

                                2




                          JUDGMENT

Dated this the 4th day of December, 2021

The petitioner who is a Partnership Firm by name M/s.

Mariya Constructions is before this Court represented by its

Managing Partner seeking to direct the respondents to

release the amount due to the petitioner as per Ext.P2.

2. The petitioner states that the Partnership Firm of

the petitioner undertook the work of "State Plan 2020-21

ARWSS to Keezhur & Chavassery - Replacement of 200 mm

dia AC Gravity main - 190 meter with 200mm DI K9 pipe in

old road in Keezhur Koolichembra". The agreement in

respect of the work was executed on 08.02.2021. The

petitioner states that he completed the work to the satisfaction

of the respondents. The petitioner raised First and Final Bill

for an amount of `6.80 lakhs. The respondents have not

honoured the bill so far. The petitioner in such circumstances, WP(C)No.16533/2021

seeks to direct the respondents to release the amount due to

the petitioner.

3. 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.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

5. 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 WP(C)No.16533/2021

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 amount found due to the

petitioner within a period of four months.

Sd/-

N. NAGARESH JUDGE ncd/04.12.2021 WP(C)No.16533/2021

APPENDIX OF WP(C) 16533/2021

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF AGREEMENT DATED 08/02/2021 SIGNED BY PETITIONER AND THE 2ND RESPONDENT.

Exhibit P2 THE TRUE PHOTOCOPY OF FUND REQUISITION PROFORMA, DATED 22/07/2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.