David Mangan vs Kerala Rural Water Supply And ...
2021 Latest Caselaw 15819 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                             WP(C) NO. 13744 OF 2021
PETITIONER:

              DAVID MANGAN,
              AGED 59 YEARS
              S/O.M.C.VARGHESE, MANGAN HOUSE, PALLISSERY, ARATTUPUZHA
              P.O., TRICHUR DISTRICT, PIN-680 562.

              BY ADVS.
              SUJITH MATHEW JOSE
              CYRIAC KURIAN



RESPONDENTS:

     1        KERALA RURAL WATER SUPPLY AND SANITATION AGENCY,
              REPRESENTED BY ITS EXECUTIVE DIRECTOR, PTC TOWERS, SS KOVIL
              ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001.

     2        THE REGIONAL PROJECT DIRECTOR,
              REGIONAL PROJECT MANAGEMENT UNIT, KERALA RURAL WATER SUPPLY
              AND SANITATION AGENCY, MMC X/106-112, 2ND FLOOR, UMK TOWER,
              MALAPPURAM-676 505.

     3        THE KUTTIPPURAM GRAMA PANCHAYAT,
              REPRESENTED BY ITS SECRETARY, KUTTIPPURAM P.O., MALAPPURAM-
              679 571.

     4        THE KUTTIPPURAM JALA VITHARANA SCHEME LEVEL COMMITTEE,
              REG.NO.MPM/CA/1405/2014, KUTTIPPURAM P.O., MALAPPURAM-679
              571, REPRESENTED BY ITS SECRETARY.

              BY ADV MILLU DANDAPANI




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.13744 of 2021
          ==================
          Dated this the 30th day of July, 2021

                        JUDGMENT

The petitioner is an 'A' class contractor

registered with the Kerala Water Authority. He was awarded with contract for laying of pipelines for a

drinking water supply project of the 3rd

respondent Panchayat. According to the petitioner,

the work was completed and final payment effected;

however, the retention money is not yet paid.

According to the petitioner, the second respondent

Regional Project Director has sanctioned the

payment and the amount has also been transferred

into the account of the third respondent Panchayat.

The amounts are being illegally retained by the

Panchayat, contends the petitioner.

2. Sri.Millu Dandapani, learned Standing

Counsel for the Panchayat submits that the

petitioner has been called for a meeting on

03.08.21 at the Panchayat with regard to the issue. W. P. (C) No.13744 of 2021

3. The work having been completed, final

payments made and the retention amount having been

received by the Panchayat from the second

respondent, there is no reason why payment could be

delayed any further.

Let necessary steps be taken for release of the

amounts without any further delay and at any rate

within a period of one month from the date of

receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 13744/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 30.11.2017 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE LETTER DATED 27.09.2018 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 14.10.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 03.10.2019 OF THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 04.09.2019 OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE MINUTES OF THE MEETING DATED 23.06.2020 CONVENED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE MINUTES OF THE MEETING DATED 05.11.2020 CONVENED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE MINUTES OF THE MEETING DATED 13.08.2020 OF THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 21.12.2020.

-----