Mathew Paul vs State Of Kerala
2022 Latest Caselaw 1388 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                        WP(C) NO. 21971 OF 2021
PETITIONER:

          MATHEW PAUL
          AGED 30 YEARS
          S/O E.M. PAULOSE, EDAPPARA (H), KADAYIRUPPU P.O.,
          KOLENCHERY, PINCODE-682 311, ERNAKULAM DISTRICT
          BY ADVS.
          K.S.BABU
          N.SUDHA
          BABU SHANKAR
          MINU SIBY ROY
          TEZNY.A.K


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT (FINANCE),
          SECRETARIAT, TRIVADRUM-695 001.
    2     KERALA WATER AUTHORITY
          JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033,
          REPRESENTED BY ITS MANAGING DIRECTOR.
    3     THE CHIEF ENGINEER
          KERALA WATER AUTHORITY, OFFICE OF THE CHIEF ENGINEER,
          SOUTH REGION, PINCODE-695 033, THIRUVANANTHAPURAM
    4     THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
          KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM-695 033.
    5     SUPERINTENDING ENGINEER,
          OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER
          AUTHORITY, P.H.CIRCLE, KOLLAM-691 001.
    6     EXECUTIVE ENGINEER
          KERALA WATER AUTHORITY, PROJECT DIVISION,
          KOLLAM-691 001.
    7     CHIEF GENERAL MANAGER,
 WP(C) NO. 21971 OF 2021

                                2


            NABARD,KERALA REGIONAL OFFICE, PUNNEN ROAD,
            THIRUVANANTHAPURAM-695 039
            BY ADV BIJILY JOSEPH



            SMT. DEEPA NARAYANAN SENIOR GOVERNMENT PLEADER



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   01.02.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 21971 OF 2021

                                    3




                 P.V.KUNHIKRISHNAN, J
               -------------------------------
               W.P.(C)No. 21971 of 2021
              --------------------------------
      Dated this the 1st day of February, 2022


                         JUDGMENT

The above writ petition is filed with following

prayers:

"(a) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 to 6 to take steps to pay the 4 th and final bill amount due to the petitioner as per Exhibit P3. ;

(b) Declare that the inaction of the respondents 1 to 6 in not disbursing the 4 th and final bill amount as per Exhibit P3 is illegal, arbitrary and discriminatory of article 14 of the Constitution of India;

(c) Award cost of the proceedings to the petitioner and;

(d) Grant such other reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the above case ."

2. The grievance of the petitioner is that the WP(C) NO. 21971 OF 2021

respondents are not disbursing the amount due to the

petitioner for the work done despite Ext.P3 certificate of

completion and Ext.P4 issued by the 6 th respondent to

the 4th respondent.

3. Heard the learned counsel for the petitioner

and the learned Standing counsel for the Kerala

Water Authority. I also heard the learned

Government Pleader.

4. When this writ petition came up for

consideration, the learned Standing counsel for the

Water Authority submitted that the amount due is

admitted and the Water Authority wants four months

time to disburse the amount. The learned Standing

counsel also submitted that the Water Authority is

disbursing the amount strictly on priority basis and

that is why the delay occurred.

5. The learned counsel for the petitioner

submitted that in Ext.P4, it is clearly stated by the WP(C) NO. 21971 OF 2021

6th respondent to disburse the amount at the

earliest. That is dated 08.09.2021. Considering the

entire facts and circumstances of the case, I think

there can be a direction to respondents 2 to 5 to

disburse the amount within three months.

Therefore this writ petition is disposed of

directing the respondents 2 to 5 to disburse the

admitted amount covered by Ext.P4, 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. 21971 OF 2021

APPENDIX OF WP(C) 21971/2021

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF SELECTION NOTICE NO KWA/PHC/Q/D2-157/2019 DATED 1.6.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF AGREEMENT NO 7/2019-20 SE/Q DATED 25.6.2019 WITH THE 5TH RESPONDENT EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE OF COMPLETION DATED 1.7.2021 EXHIBIT P4 THE TRUE PHOTOSTAT COPY OF THE PROCEEDINGS NO KWA/PDK/AB2/649/2019 DATED 8.9.2021 ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT ALONG WITH THE BILL MODULE WITH RELEVANT DOCUMENTS

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE