Binu Mathew vs Kerala Water Authority
2021 Latest Caselaw 20438 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                         WP(C) NO. 3252 OF 2021
PETITIONER:

            BINU MATHEW
            KOTTAVIRUTHIL HOUSE,
            ANAPRAMPAL NORTH P.O.,
            THALAVADY, ALAPPUZHA DISTRICT.

            BY ADVS.
            JOMY GEORGE
            R.PADMARAJ
            BENNY M.J.
            DEEPAK MOHAN
            CHITRA N. DAS



RESPONDENTS:



    1       KERALA WATER AUTHORITY
            JALA BHAVAN,
            VELLAYAMBALAM,
            THIRUVANANTHAPURAM-695 024,
            REPRESENTED BY THE MANAGING DIRECTOR.

    2       THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
            KERALA WATER AUTHORITY,
            JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 024,

    3       THE SUPERINTENDING ENGINEER,
            KERALA WATER AUTHORITY, P.H. CIRCLE, KALMANDAPAM,
            PALAKKAD 678001.

    4       EXECUTIVE ENGINEER,
            WATER SUPPLY PROJECT DIVISION, KERALA WATER AUTHORITY,
            KALMANDAPAM, PALAKKAD 678 001.

    5       ADDL.R5 THE DISTRICT COLLECTOR,
            KENATHUPARAMBU, KUNATHURMEDU,
            PALAKKAD, KERALA 678 013

    6       ADDL.R6 STATE OF KERALA,
            REPRESENTED BY CHIEF SECRETARY,
 WP(C) NO.3252/2021
                                2

            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001
            (ADDL.R5 AND 6 ARE IMPLEADED AS PER ORDER DATED
            01.10.2021 IN I.A.NO.1/2021)

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

            ADV.SMT.RASHMI K.M., SR.GP

     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   01.10.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.3252/2021
                                      3


                    P.V.KUNHIKRISHNAN, J
              -------------------------------
                   W.P.(C)No.3252 of 2021
             --------------------------------
        Dated this the 01st day of October 2021

                               JUDGMENT

The petitioner is a Government contractor

undertaking different kinds of work of various

Government departments. The petitioner was

entrusted with the works of Kerala Water

Authority and he entered into agreements for

executing certain works. Ext.P1 is one of

such agreement. Ext.P2 relates to another work

and it is a communication from the Executive

Engineer of the Water Authority to the

petitioner. Admittedly, the petitioner

completed the work. The petitioner submitted CC

3rd and part bill of Ext.P1 work and CC 1st and

part bill of Ext.P2 work and the same is

admittedly approved by the officials of Water

Authority. According to the petitioner, an WP(C) NO.3252/2021

amount of Rs.2,33,64,152/- is due to the

petitioner as CC 3rd and part bill of Ext.P1 work

and an amount of Rs.48,75,395/- is due to the

petitioner as CC 1st and part bill of Ext.P2

work. Exts.P3 and P4 are the vouchers issued by

the 4th respondent. As per letters dated

07.10.2020 and 30.11.2020, the 4th respondent

requested the 2nd respondent to release the fund

for paying the bill amount of the petitioner.

Exts.P5 and P6 are the letters sent by the 4 th

respondent to the 2nd respondent. The grievance

of the petitioner is that, even though the

petitioner completed the work to the full

satisfaction of the respondents without any

complaint, even after repeated requests, the

respondents have not taken any steps to pay the

bill due to the petitioner. Hence this writ

petition is filed.

2. Heard the learned counsel for the

petitioner, the learned Standing counsel for

respondents 1 to 4 and the learned Government WP(C) NO.3252/2021

Pleader for additional respondents 5 and 6.

3. The learned counsel for the petitioner

reiterated his contentions in the writ petition.

The learned counsel submitted that the

petitioner is waiting for getting the admitted

amount for the work he has done and the

respondents are not disbursing the amount.

4. The learned Standing counsel for

respondents 1 to 4 submitted that there is

paucity of fund to release the amount. The

respondents are now paying the pending bills

from 2019. The learned Standing counsel

submitted that as far as the work mentioned in

Ext.P2 is concerned, the fund is to be released

from the Government. The learned Standing

counsel submitted that the Water Authority will

do the needful to disburse the amount as

expeditiously as possible.

5. It is an admitted fact that the

petitioner completed the work. There is no

dispute that the work is completed and the WP(C) NO.3252/2021

amount is due to the petitioner. The only reason

for not disbursing the amount is that there is

paucity of fund. After allotting a work to a

contractor and thereafter when he completed the

work to the satisfaction of the respondents, the

respondents are entitled to pay the

remuneration. The contractor can not wait

indefinitely to get his admitted remuneration.

It is true that there is some force in the

argument of the Standing counsel that due to

paucity of fund the amount is not paid. But the

petitioner can not wait indefinitely.

Therefore, there can be a time limit in the

facts and circumstances of this case to pay the

admitted amount due to the petitioner. Since

the fund to be disbursed for the work involved

in Ext.P2 is the Government, there can be a

direction to the Government also.

Therefore, this writ petition is disposed of

in the following manner:

i) Respondents 1 to 4 will disburse the WP(C) NO.3252/2021

amount covered by Exts.P1 work within four

months from the date of receipt of a copy of

this judgment.

ii) Respondents 1 to 5 will take every steps

to disburse the amount covered for the work

mentioned in Ext.P2 as expeditiously as possible

at any rate, within three months from the date

of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.3252/2021

APPENDIX OF WP(C) 3252/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO. 01/19-

20/SE/PHC/PKD DATED 24.04.2019 ENTERED INTO BETWEEN THE PETITIONER AND 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE SELECTION NOTICE NO.

D2-LAC-ADS PKD & PIRAYIR/19-20 DATED 22.07.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE VOUCHER ISSUED BY THE 4TH RESPONDENT FOR THE CC 3RD AND PART BILL OF EXHIBIT P-1 WORK.

EXHIBIT P4 TRUE COPY OF THE VOUCHER ISSUED BY THE 4TH RESPONDENT FOR THE CC 1ST AND PART BILL OF EXHIBIT P-2 WORK.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 07.10.2020 SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 30.11.2020 SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE