Citation : 2021 Latest Caselaw 8532 Ker
Judgement Date : 15 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.211 OF 2021(B)
PETITIONER:
E.V.RAJU,
AGED 66 YEARS,
S/O. A.V. VARGHESE, RESIDING AT EDAYANAL HOUSE,
PAZHAMTHOTTAM P.O., ALUVA, ERNAKULAM-683 565.
BY ADV. SMT.TESSY JOSE
RESPONDENTS:
1 KERALA WATER AUTHORITY,
REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM P.O.,
THIRUVANANTHAPURAM-695 033.
2 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY, P.H. CIRCLE,
KANNUR-670 012.
3 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, W.S. DIVISION,
KANNUR-670 012.
BY ADVS. SRI.P.BENJAMIN PAUL, SC,
KERALA WATER AUTHORITY
SRI.V.G.ARUN,SC,KIIFBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.211 OF 2021(B)
2
JUDGMENT
The petitioner, who was awarded the
work of 'KIIFB-Augmention of Water Supply
Scheme to Dharmadam Panchayath in Dharmadam
Constituency-Supplying and Laying 250mm D1 K9
Pumping main, 250mm D1 K9 Gravity Main
Distribution system with 200mm D1 K9 to 90mm
PVC Pipe Construction of 13 LL OH Tank,
Construction of 2 LL Sump cum Pump house ad
Supply and erection of 75 HP CF Pump set', in
the year 2017 completed the work on 28.02.2019
earlier to the time fixed for completion, but
payment is not so far made even after more
than 1½ years.
2. The learned Standing Counsel for the
Water Authority submitted that the work is
undertaken by KIIFB and payment is made by
KIIFB. The learned Standing Counsel for the
KIIFB submitted that the bill submitted by the
Water Authority was returned for rectification WP(C).No.211 OF 2021(B)
on 02.03.2021. As against this, the learned
Standing Counsel for the Water Authority
submitted that the bill is being returned with
rectification for the fourth time on each
different queries and all the queries are
being answered and the latest query is also
answered by updating all the details in the
site.
As the learned Standing Counsel for
the Water Authority submitted that the bill is
again returned with rectification, there shall
be a direction to the additional 5th
respondent to see that the payment is made
within a period of three months from the date
of receipt of the said bill.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA
JUDGE
ww
WP(C).No.211 OF 2021(B)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.36/2017-
18/SE/PHC/KNR DATED 12/10/2017 EXECUTED BETWEEN PETITIONER AND THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE VOUCHER ISSUED BY THE 3RD RESPONDENT DATED NIL.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 28/10/2020 SENT BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPLY TO EXT.P3 DATED 02/11/2020 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.
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