Maria Constructions vs Kerala Water Authority
2021 Latest Caselaw 18716 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                        WP(C) NO. 13078 OF 2021
PETITIONER:

          MARIA CONSTRUCTIONS
          REP. BY ITS MANAGING PARTNER, K.L.JOSE, AGED 64 YEARS,
          S/O.KAKKANATTU LOUIS, 14/1375, KAKKANAT,
          THOTTIKPEEDIKA, CHEVARAMBALAM P.O., KOZHIKODE 673 017

          BY ADVS.
          ELDHO PAUL
          TESSY JOSE



RESPONDENTS:

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

    2     THE SUPERINTENDING ENGINEER,
          KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR 670 012

    3     THE EXECUTIVE ENGINEER
          KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, KANNUR
          670 141

    4     THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
          KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM
          695 033

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




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13078 OF 2021

                                   2

                   W.P.(C)No.13078 of 2021
            ------------------------------------------------

                          JUDGMENT

The grievance voiced by the petitioner in the writ

petition concerns the inaction on the part of the respondents in

disbursing the proceeds of the fourth part bill of the work referred

to in the writ petition, which is stated to have been executed by

the petitioner satisfactorily.

2. The learned Standing Counsel for the first

respondent submits, on instructions, that the amounts due to the

petitioner could not be paid due to paucity of funds.

Having regard to the facts and circumstances of the

case, especially the orders passed by this court in similar and

identical writ petitions, the writ petition is disposed of directing

the respondents to disburse the amounts covered by the fourth

part bill of the work referred to in the writ petition within three

months.

Sd/-

P.B.SURESH KUMAR JUDGE rkj WP(C) NO. 13078 OF 2021

APPENDIX OF WP(C) 13078/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 22.5.2020 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF COMMUNICATION DATED 7.5.2021 ISSUED BY 3RD RESPONDENT TO THE 4TH RESPONDENT FOR FUND REQUST