Hydro Electrical System vs Kerala Water Authority
2021 Latest Caselaw 607 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      WP(C).No.25471 OF 2020(H)


PETITIONER:

               HYDRO ELECTRICAL SYSTEM
               MASTHAN GHORI STREET, NEAR AMBEDKAR STATUE,
               ADAMBAKKAM, CHENNAI-600088, REPRESENTED BY ITS
               PROPRIETOR ASHA RAGHAVAN, W/O. V.RAGHAVAN,
               AGED 54 YEARS, NO.1, TANGORE STREET,
               NILAMANGAI NAGAR, ADAMBAKKAM, CHENNAI-6000088.

               BY ADVS.
               SRI.JOBY JACOB PULICKEKUDY
               SRI.ANIL GEORGE

RESPONDENTS:

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

      2        THE SUPERINTENDING ENGINEER
               KERALA WATER AUTHORITY, PH CIRCLE,
               THIRUVANANTHAPURAM-695 033.

      3        THE EXECUTIVE ENGINEER
               OFFICE OF THE EXECUTIVE ENGINEER,
               PROJECT DIVISION, KERALA WATER AUTHORITY,
               THIRUVANANTHAPURAM-695 033.

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

               BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25471 OF 2020(H)

                                       2




                            J U D G M E N T

Petitioner, who was awarded the work of

Modernisation of Aruvikkara Pumping Station-Supply,

Erection, Testing and Commissioning of Raw water and

Clear Water Pump Sets and Substation improvement

works, is aggrieved by the delay in payment of the

bills towards the work already carried by him.

2. Learned Standing Counsel on instructions

submits that payment can be made within a period of

four months. This is recorded.

The writ petition is disposed of directing the

respondents to make the payment within a period of

'four months' from the date of receipt of a copy of

the judgment.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.25471 OF 2020(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 5.12.2018 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 27.02.2020.

EXHIBIT P3 TRUE PHOTOCOPY OF THE CB3 (CONTRACTOR BILL) VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 29.1.2020 FOR AN AMOUNT OF RS.32,63,473/-.

EXHIBIT P4 TRUE PHOTOCOPY OF THE CBE (CONTRACTOR BILL) VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 4.3.2020 FOR AN AMOUNT OF RS.1,34,52,761/-.