Paily Abraham vs Kerala Water Authority
2021 Latest Caselaw 2421 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                      WP(C).No.23599 OF 2020(Y)


PETITIONER:

               PAILY ABRAHAM, AGED 70 YEARS, S/O.PAILY,
               ERUMBAIL HOUSE, KUNNACKAL P.O., VALAKOM,
               MUVATTUPUZHA, ERNAKULAM - 682 316.

               BY ADVS.
               SRI.ANIL GEORGE
               SRI.JOBY JACOB PULICKEKUDY
               SHRI.DAJISH JOHN
               SHRI.HARIKRISHNAN P.

RESPONDENTS:

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

      2        THE SUPERINTENDING ENGINEER,
               PH CIRCLE, KERALA WATER AUTHORITY,
               MUVATTUPUZHA - 686 673.

      3        THE EXECUTIVE ENGINEER,
               OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION,
               KERALA WATER AUTHORITY, KATTAPPANA - 685 508.

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

               R1-4 BY ADV. SRI.P.BENJAMIN PAUL, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23599 OF 2020(Y)

                                      -2-

                                   JUDGMENT

Dated this the 21st day of January 2021

The petitioner has completed the works

awarded to him by the Kerala Water Authority

after executing Ext.P1 agreement on 22.02.2018.

2. After completion of the work, the second

respondent issued a Work Completion/

Commissioning Certificate. It is stated that

the work has completed on 12.04.2019. It is

also stated that even after the guarantee period

expired on 12.11.2020 on completion of 18 months

the respondents are holding security deposit,

retention amount, maintenance guarantee amount

and trial run expenses.

3. The learned Standing Counsel for the

Water Authority submits that even though the

work has been completed, the project has not

been commissioned. According to the petitioner,

the delay in commissioning is not on account of

any fault on the part of him. The learned WP(C).No.23599 OF 2020(Y)

standing counsel further points out that the

amount retained towards the trial run

expenses/maintenance guarantee can be refunded

only after the commissioning as well as after

the expiry of maintenance period in tune with

the provisions contained in the agreement and

that cannot be disbursed to the petitioner at

this stage.

4. The learned counsel for the petitioner

points out that, this Court has in various

judgments directed release of the amount when

commissioning was delayed, pointing out that the

delay in commissioning was never on account of

the default on the part of the contractors.

Relying on judgment, dated 9.10.2015, in W.P.(C)

No.30040 of 2015, produced as Ext.P3, the

learned counsel for the petitioner seeks

direction to the respondents to disburse the

amounts due to petitioner on execution of a

simple bond. The judgment dated 27.06.2019 in

W.P.(C) No.11327 of 2019 is also relied on. WP(C).No.23599 OF 2020(Y)

In these circumstances, there shall be a

direction to the 1st respondent - the Managing

Director to consider the claim of the petitioner

for release of the amount due to him, and to

pass orders on the same taking note of the

judgments of this Court directing payment in

such circumstances on execution of a simple

bond. Orders shall be passed within a period of

three weeks from the date of receipt of a

certified copy of this judgment.

The writ petition is disposed of as above.

Sd/-

P.V.ASHA JUDGE akv WP(C).No.23599 OF 2020(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 22/02/2018 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF WORK COMPLETION/COMMISSIONING CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 THE TRUE PHOTOCOPY OF JUDGMENT DATED 9.10.2015 IN WP(C)NO.30040/15.

EXHIBIT P4 THE TRUE PHOTOCOPY OF JUDGMENT DATED 27.06.2019 IN WP(C)NO.11327/2019.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE