K.I.Paulose vs Kerala Water Authority
2021 Latest Caselaw 10739 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.5793 OF 2021(Y)


PETITIONER:

               K.I.PAULOSE
               AGED 64 YEARS
               S/O.ITTIYAVARA VARKEY, KUNNEL HOUSE, KUNNACKAL P.O.,
               MUVATTUPUZHA, ERNAKULAM DISTRICT-682 316.

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

RESPONDENTS:

      1        KERALA WATER AUTHORITY
               REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAN,
               THIRUVANANTHAPURAM-695 033.

      2        THE SUPERINTENDING ENGINEER,
               KERALA WATER AUTHORITY, P.H.CIRCLE, PALAKKAD-678 001.

      3        THE EXECUTIVE ENGINEER,
               OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER
               AUTHORITY, P.H.DIVISION, KALMANDAPAM
               PALAKKAD-678 001.

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

               R1-4 BY ADV. SRI.BIJILY JOSEPH
               ADV.SRI.BENJAMIN PAUL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5793 OF 2021(Y)

                                      2




                                JUDGMENT

Dated this the 30th day of March 2021

The petitioner is an 'A' Class Government

contractor who completed the work of "LAC-ADS

2018-19 - Nenmara Constituancy - CWSS to

Chittur - Thathamangalam Municipality and

Vadavannur Panchayath - Supplying and laying

main distribution line by using 300mm D1K9

pipe and interlinking with existing

Distribution Lines" on 30.01.2020. His

grievance is that the respondents have not

released the retention amount, maintenance

guarantee amount as well as the balance amount

collected as excess interest while closing the

loan from the first part bill.

2. The learned Standing counsel,

Sri.P.Benjamin Paul submitted that the amount

due to the petitioner towards the retention

amount and maintenance guarantee amount can be WP(C).No.5793 OF 2021(Y)

paid within a period of three months. The

excess interest if any would also be paid

within the said period. This is recorded.

The writ petition is accordingly disposed

of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.5793 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 17.08.2019 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF NON LIABILITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE