Standar Electricals vs Kerala Water Authority
2021 Latest Caselaw 23430 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021/4TH AGRAHAYANA, 1943
                  WP(C) NO. 15666 OF 2021
PETITIONER:

         M/s.STANDARD ELECTRICALS,
         SNDP JUNCTION, MUVATTUPUZHA,
         REPRESENTED BY ITS PROPRIETOR,
         GEORGE MATHEW, AGED 65 YEARS,
         S/O MATHEW, MUDIYIL HOUSE,
         ARAKUZHA P.O., MUVATTUPUZHA PIN-686 672.

         BY ADVS.
         JOBY JACOB PULICKEKUDY
         ANIL GEORGE
         DAJISH JOHN

RESPONDENTS:

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

    2    THE EXECUTIVE ENGINEER,
         KERALA WATER AUTHORITY,
         P.H.DIVISION, PATHANAMTHITTA

    3    THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
         KERALA WATER AUTHORITY, JALABHAVAN,
         THIRUVANANTHAPURAM-695 033.

         R1-3 BY ADV SRI.BIJILY JOSEPH, SC
         R1-3 BY SRI.P. BENJAMIN PAUL, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 25.11.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15666 of 2021
                                     :2 :




                             JUDGMENT

Dated this the 25th day of November, 2021

The petitioner, a contractor in the Kerala Water

Authority, seeks to direct the respondents to release the CC

1st and Final bill as per Ext.P3.

2. The petitioner quoted the tender for the work of

"State Plan 2019-20-RWSS to Konni-Thazhom Supply,

erection and commissioning of brand new VT pump set at

intake pump house". An agreement was executed by the

petitioner on 08.11.2019. The petitioner completed the work

to the satisfaction of the respondent, contends the petitioner.

An amount of Rs.12,33,206/- is due to the petitioner. The

petitioner is in financial difficulties. However, the

respondents are not caring to honour the bill submitted by

the petitioner.

WP(C) No.15666 of 2021

3. The learned Standing Counsel representing the

respondents 1 to 3 submitted that the Kerala Water Authority

is facing deep financial crisis and is not in a position to make

payments to the contractors at one go. The Kerala Water

Authority is following a criteria on the basis of which

payments are made on priority. In such circumstances, the

amount payable to the petitioner will be paid in due course of

time, in accordance with his turn.

4. Heard the learned counsel for the petitioner and

the learned Standing Counsel representing the respondents.

5. The fact that the petitioner has entered into an

agreement on 08.11.2019 and completed the work, is not

disputed. The petitioner has raised bill for an amount of

Rs.12,33,206/-. The quality of the pump supplied are not in

dispute. The factum of supply is also not in dispute. In such

circumstances, this Court is of the view that the respondents

cannot indefinitely delay payment to the petitioner. WP(C) No.15666 of 2021

In the circumstances, the writ petition is disposed

of directing the competent among the respondents to pay the

amount found due to the petitioner, within a period of four

months.

Sd/-

N. NAGARESH JUDGE SR WP(C) No.15666 of 2021

APPENDIX OF WP(C) 15666/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 8.11.2019 Exhibit P2 TRUE PHOTOCOPY OF FIRST AND FINAL BILL IN K.P.W FORM NO.22 ISSUED BY THE KERALA WATER AUTHORITY.

Exhibit P3 TRUE PHOTOCOPY OF CB3 VOUCHER TOWARDS THE FIRST AND FINAL BILL ISSUED BY THE 2ND RESPONDENT ON BEHALF OF THE 1ST RESPONDENT.