K.Kannan vs S.Venkatesapathy Ias
2021 Latest Caselaw 13520 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                    CON.CASE(C) NO. 1326 OF 2020
        JUDGMENT IN WP(C) 11987/2020 OF HIGH COURT OF KERALA
                            DATED 3.7.2020
                        ---------------------
PETITIONER :-

            K.KANNAN, AGED 58 YEARS
            S/O. KARUNAN, RESIDING AT AMRUTHAM, CHIRAKKAL,
            CHIRAKKAL P O, KANNUR - 670011.

            BY ADVS.
            SRI.P.C.SASIDHARAN
            SRI.GOPIDAS E.N.


RESPONDENTS :-

    1       SRI.S.VENKATESAPATHY IAS
            MANAGING DIRECTOR, THE KERALA WATER AUTHORITY,
            JALABHAVAN, VELLAYAMBALAM,
            THIRUVANANTHAPURAM - 695 033

    2       SRI.ANILKUMAR K.K
            SUPERINTENDING ENGINEER, PH CIRCLE,
            KERALA WATER AUTHORITY, MOOVATTUPUZHA - 686 661.

    3       SMT.SHEELA P K
            EXECUTIVE ENGINEER, PROJECT DIVISION,
            KERALA WATER AUTHORITY, KATTAPPANA - 685 515.

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

            BY ADV SRI.P.BENJAMIN PAUL, SC, KWA

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1326 OF 2020

                                  -: 2 :-


                               JUDGMENT

This Contempt of Court Case is filed alleging non-compliance

with the directions contained in Annexure A1 judgment dated

3.7.2020. In the said judgment, there was a direction to the

respondents to release the retention amounts due to the petitioner as

covered by Ext.P3 agreement within one month. It is submitted that

thereafter, the admitted amounts due to the petitioner had been

released, however, substantial amounts had been withheld on the

ground that there are departmental recoveries against the petitioner.

2. It is contended by the learned counsel for the petitioner

that no recoveries have been ordered against the petitioner in any

manner known to law and that no amount has been quantified with

notice to the petitioner. It is submitted that only an amount of

Rs.23,50,052/- has been released to the petitioner and that the

balance amounts due as per the judgment are liable to be released.

3. The learned Standing Counsel for the respondents admits

that as of now, no amounts have been quantified as being due from

the petitioner with notice to the petitioner. It is, therefore, contended

that in case any recovery of any loss is legally permissible, the

respondents may be permitted to make such recoveries in accordance CON.CASE(C) NO. 1326 OF 2020

with law. Subject to the said condition, it is contended that the

amounts due as stated by the petitioner can be released to the

petitioner.

4. Having considered the contentions advanced on both sides,

I am of the opinion that since this Court had directed the release of

the amounts due to the petitioner including the retention amounts in

terms of the agreement, the amounts due are liable to be so released.

Of course, it will be open to the respondents to make recoveries, if

any, in accordance with law, if found legally sustainable. It is

submitted that the amounts due will be released within a week from

today.

The Contempt of Court Case is, accordingly, closed

recording the submission of the learned Standing Counsel that the

amounts due shall be released within a week from today, subject, of

course, to the condition that in case recoveries are legally possible,

the same can be made in accordance with law.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/2.7.2021 CON.CASE(C) NO. 1326 OF 2020

APPENDIX OF CON.CASE(C) 1326/2020

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF THE JUDGMENT IN WP(C) 11987 OF 2020 DATED 03.07.2020.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN W.P.(C) 7487 OF 2019 AND CONNECTED CASES.

RESPONDENTS' ANNEXURE

ANNEXURE R2(a) TRUE COPY OF THE RELEVANT PAGES SHOWING CLAUSE 8.16 AND 8.16.1 REGARDING BREAK UP OF PAYMENT IN THE EXT.P3 AGREEMENT.

ANNEXURE R2(b) TRUE COPY OF THE RELEVANT PAGES SHOWING CLAUSE 8.12 AND 8.12.1 IN THE EXT.P3 AGREEMENT.