Biju Augustine vs Kerala Water Authority
2021 Latest Caselaw 924 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      WP(C).No.16190 OF 2020(W)


PETITIONERS:

               BIJU AUGUSTINE,
               AGED 52 YEARS
               S/O.K.A.AUGUSTINE,
               KUMPUCKAL HOUSE, KALIYAR.P.O.,
               THODUPUZHA, IDUKKI DISTRICT.

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

RESPONDENTS:

      1        KERALA WATER AUTHORITY,
               REPRESENTED BY THE MANAGING DIRECTOR,
               JALABHAVAN, THIRUVANANTHAPURAM-695033.

      2        THE SUPERINTENDING ENGINEER,
               KERALA WATER AUTHORITY, PH CIRCLE,
               PATHANAMTHITTA, THIRUVALLA-689101.

      3        THE EXECUTIVE ENGINEER,
               OFFICE OF THE EXECUTIVE ENGINEER,
               PROJECT DIVISION, KERALA WATER AUTHORITY,
               ADOOR-691523.

      4        THE FINANCE MANAGER AND
               CHIEF ACCOUNTS OFFICER,
               JALABHAVAN,
               KERALA WATER AUTHOIRTY,
               THIRUVANANTHAPURAM-695033.

               R1-4 BY ADV. SMT.MARY BENJEMIN, SC
               R1-4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER
               AUTHORITY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.16190/2020(W)

                                 2




                           JUDGMENT

Dated this the 11th day of January, 2021

The petitioner who has undertaken a work on

behalf of the 1st respondent, is before this Court seeking to

direct the respondents to release the C.C.V th and Part Bill as

per Ext.P2.

2. The petitioner would submit that this is an on-going

work and non settlement of Ext.P2 Bill is causing considerable

hardship to the petitioner. The learned counsel for the

petitioner pointed out that as evidenced by Ext.P4, the

petitioner's bank has threatened the petitioner with coercive

proceedings unless amounts due from the petitioner are paid

to the bank. In the circumstances, the petitioner seeks

expeditious payment of the entire amount as per Ext.P2 Bill at

the earliest.

3. The learned Standing Counsel for the respondent

would submit that Kerala Water Authority is facing financial WP(C).No.16190/2020(W)

crunch due to various reasons and is not in a position to settle

the bills of all contractors immediately. The Kerala Water

Authority is paying the contractors on the basis of seniority of

completion of work. The amount payable to the petitioner can

be paid within four months.

4. In the light of the contentions of the petitioner and

statement made by the Standing Counsel, it is found

necessary to grant some relief to the petitioner in the matter of

payments.

Accordingly, the writ petition is disposed of directing

the 1st respondent to pay an amount of Rs.40 Lakhs to the

petitioner on or before 31.03.2021. The remaining amount

due under Ext.P2 shall be paid within a period of four months.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.16190/2020(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 27.3.2018 BY THE PETITIONER AND 2ND RESPONDENT.

EXHIBIT P2 CB3 VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 5.5.2020.

EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 5.5.2020 TO FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER.

EXHIBIT P4 THE TRUE PHOTOCOPY OF LETTER ISSUED BY SOUTH INDIAN BANK DATED 23.09.2020