Mohanan.V vs Kerala Water Authority
2021 Latest Caselaw 21963 Ker

WP(C) NO. 19317 OF 2020            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                          WP(C) NO. 19317 OF 2020
PETITIONER/S:

               MOHANAN.V
               AGED 47 YEARS
               S/O.P.V.GOVINDAN, JISHNU NIVAS, NEAR MAHADEVA TEMPLE,
               MATTANNUR, KANNUR DISTRICT

               BY ADVS.
               ANIL GEORGE
               SRI.JOBY JACOB PULICKEKUDY
               SHRI.DAJISH JOHN



RESPONDENT/S:

      1        KERALA WATER AUTHORITY
               REP. BY THE MANAGING DIRECTOR, JALABHAVAN,
               THIRUVANANTHAPURAM-695 033

      2        THE EXECUTIVE ENGINEER
               OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER
               AUTHORITY, WATER SUPPLY DIVISION, TALIPARAMBA,
               KANNUR-670 141

      3        THE FINANCE MANANGER AND CHIEF ACCOUNTS OFFICER
               KERALA WATER AUTHORITY, JALABHAAN,
               THIRUVANANTHAPURAM-695 033

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


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19317 OF 2020             2




                       P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.19317 of 2020
                     --------------------------------------
              Dated this the 3rd day of November, 2021


                               JUDGMENT

The above writ petition is filed with following prayers :

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to release the CC 1 st and final bill as per Ext.P3.

ii) Grant such other and further reliefs as this hon'ble Court may deem fit and proper in the interest of justice."

2. The petitioner is a contractor in Kerala Water

Authority. The petitioner was allotted with certain work and the

agreement for the work was executed on 11.3.2019. The

petitioner completed the work and the final bill was submitted

to the respondent on 19.8.2020. The grievance of the petitioner

is that the amount is not disbursed even now. The specific case

of the petitioner is that the respondents are disbursing the

amount violating the seniority also to the effect that the

subsequent bill submitted by the other contractors were already

paid. The Standing Counsel submitted that the payment of bill

to the contractors is strictly in accordance to the seniority.

3. It is an admitted fact that the petitioner completed the

work and the amount is due to the petitioner. There cannot be

any excuse to the respondents for not disbursing the amount to

the petitioner due to financial difficulties because the petitioner

is also suffering because of not getting the amount due to him.

In such circumstances, there can be a direction to the

respondents to pay the admitted amount to the petitioner within

4 months from today.

Therefore, this writ petition is disposed in the following

manner :

1) The respondents are directed to pay the admitted amount

to the petitioner within 4 months from today.

2) If the amount is not paid within 4 months, the admitted

amount will carry interest at the rate of 6%

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 19317/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 11.03.2019.

EXHIBIT P2 THE PHOTOCOPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 19.08.2020.

EXHIBIT P3 TRUE PHOTOCOPY OF CC 1ST AND FINAL BILL FOR AN AMOUNT OF RS.12,42,814/- ISSUED BY THE 2ND RESPONDENT.