M.B.Pradeep vs Kerala Water Authority
2021 Latest Caselaw 14067 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        WP(C) NO. 5162 OF 2021
PETITIONER:

            M.B.PRADEEP
            AGED 48 YEARS
            S/O. BHASKARAN NAIR, MATHILAKATH HOUSE
            (X/662(1)),KOPPARAMBIL DIVINE VILLAGE ROAD,
            KUSUMAGIRI.P.O., KAKKANAD-682 030

               BY ADV K.N.RAJANI


RESPONDENTS:

    1          KERALA WATER AUTHORITY
               REPRESENTED BY ITS MANAGING DIRECTOR, JALA
               BHAVAN, THIRUVANANTHAPURAM-685 033

    2          EXECUTIVE ENGINEER,
               PH DIVISION, KERALA WATER AUTHORITY, ALUVA,
               ERNAKULAM,PIN-683 101

    3          THE DISTRICT COLLECTOR,
               ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD,
               KOCHI-682 030

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

            BY SAJI VARGHESE, SC,

            BY VINITHA B. GP


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   07.07.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.5162 of 2021
                                    2



                     W.P.(C) No.5162 of 2021
              -----------------------------------------------


                           JUDGMENT

The petitioner is a contractor who has undertaken a

work of the Kerala Water Authority. The grievance of the

petitioner in the writ petition concerns the delay on the part of

the Water Authority in disbursing the admitted dues in respect

of the work satisfactorily executed by the petitioner. The

petitioner, therefore, seeks appropriate directions in this regard

in the writ petition.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for the Kerala Water

Authority.

3. On a query from the court, the learned

Standing Counsel for the Water Authority affirmed that the

work has been executed by the petitioner satisfactorily. It was,

however, pointed out by the Standing Counsel that the

amounts due to the petitioner could not be disbursed on W.P.(C) No.5162 of 2021

account of paucity of funds.

Having regard to the facts and circumstances of the

case, especially the orders passed in similar and identical writ

petitions, I deem it appropriate to dispose of the writ petition

directing respondents 1 and 2 to disburse the balance admitted

dues to the petitioner in respect of the work referred to in the

writ petition within two months from today. Ordered

accordingly.

Sd/-

P.B.SURESH KUMAR, JUDGE.

ds 07.07.2021 W.P.(C) No.5162 of 2021

APPENDIX OF WP(C) 5162/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 18.03.2020

EXHIBIT P2 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 03.10.2020

EXHIBIT P3 TRUE COPY OF THE VOUCHER DATED NIL PREPARED BY THE 2ND RESPONDENT