Alias K. Kuriakose vs Kerala Water Authority
2021 Latest Caselaw 1451 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                      WP(C).No.14168 OF 2020(U)


PETITIONER:

               ALIAS K. KURIAKOSE
               AGED 57 YEARS
               S/O KURIAKOSE, CONTRACTOR, KOCHERIL HOUSE, OORAMANA
               P.O.RAMAMANGALAM VIA, MUVATTUPUZHA, ERNAKULAM
               DISTRICT

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SMT.K.S.ARCHANA

RESPONDENTS:

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

      2        CHIEF ENGINEER,
               KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
               THIRUVANANTHAPURAM-695 010

      3        SUPERINTENDING ENGINEER,
               KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOLLAM-
               691 001.

      4        EXECUTIVE ENGINEER,
               KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION,
               KOTTARAKKARA, KOLLAM DISTRICT, PIN-691 506.

               R1-4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER
               AUTHORITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14168 OF 2020(U)

                                    2




                            JUDGMENT

Dated this the 14th day of January 2021

The petitioner, who had undertaken the work of

replacement of pipeline at Palakonam to Malappuram Tank

site in Velinaloor Panchayat, completed the work on

30.10.2019. The second part and final bill as per

Ext.P4(a) voucher was prepared by the 4 th respondent on

18.02.2020. Pointing out Ext.P4 voucher dated

10.10.2019 and Ext.P4(a) voucher dated 18.12.2020, the

petitioner points out in ordinate delay on the part of

the respondents in making payment.

2. The respondents 1 to 4 have filed a counter

affidavit admitting the work carried out by the

petitioner and stating that the work was completed on

11.10.2019 and that the CC 1st and part bill was

submitted on 14.10.2019 and the CC 2 nd and final bill

was submitted on 18.02.2020. It is stated that the

amount due to the petitioner would be allotted to the

budget and it would be able to be disbursed from April WP(C).No.14168 OF 2020(U)

2021 in accordance with priority. Even though the

petitioner has claimed interest the respondent has

disputed the said claim. The said question is left

open as the respondents have stated that the amount to

be paid would be available by April, 2021.

The Writ Petition is disposed of with a direction

to the respondents to make the payment due to the

petitioner within a period of four months. The

respondents shall take steps to see that the payment is

made in April, 2021. The question of interest is left

open.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.14168 OF 2020(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE DATED 26.2.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ACCEPTED SCHEDULE OF WORK INVOLVED IN EXT P1 SELECTION NOTICE.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT NO 2/2019-

20/SE/Q DATED 24.4.2019 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE VOUCHER DATED 10.10.2019 PREPARED BY THE 4TH RESPONDENT, PERTAINING TO THE 1ST PART BILL FOR THE WORK INVOLVED IN EXT P3 AGREEMENT.

EXHIBIT P4 (A) TRUE COPY OF THE VOUCHER DATED 18.2.2020 PREPARED BY THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 20.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE