Salil Varghese vs Kerala Water Authority
2022 Latest Caselaw 1589 Ker

WP(C) NO. 25663 OF 2021           1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                          WP(C) NO. 25663 OF 2021
PETITIONER:

            SALIL VARGHESE
            AGED 52 YEARS
            S/O.VARGHESE, MANJOORAN HOUSE, KOODAPUZHA,
            CHALAKUDY 680 307
            BY ADVS.
            SHEEJO CHACKO
            LAYA SIMON


RESPONDENTS:

     1   KERALA WATER AUTHORITY
         REP.BY ITS MANAGING DIRECTOR, JALABHAVAN,
         TRIVANDRUM 695 003
    2    THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
         KERALA WATER AUTHORITY, JALABHAVAN,
         VELLAYAMBALAM, TRIVANDRUM PIN 695 003
    3    SUPERINTENDING ENGINEER
         P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR,
         PIN 680 005
    4    EXECUTIVE ENGINEER
         OFFICE OF THE EXECUTIVE ENGINEER, P.H. DIVISION,
         IRINJALAKUDA, PIN 680 121
    5    ASSISTANT ENGINEER
         KERALA WATER AUTHORITY, PH SECTION, OLLUR,
         PIN 680 306
 ADDL R6 STATE OF KERALA,
         REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
         TRIVANDRUM, PIN-695 001.
 ADDL R7 SECRETARY TO GOVERNMENT,
         DEPARTMENT OF WATER RESOURCES,
         GOVERNMENT SECRETARIAT, TRIVANDRUM,
         PIN-695 001.
 WP(C) NO. 25663 OF 2021              2



             ADDL.R6 AND ADDL. R7 ARE IMPLEADED AS PER ORDER
             DATED 09-12-2021 IN IA 1/2021.

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


             SRI.APPU P S, GOVERNMENT PLEADER


      THIS     WRIT       PETITION       (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    15.02.2022,          THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 25663 OF 2021               3




                                JUDGMENT

Dated this the 15th day of February, 2022

The petitioner, who is an A Class Contractor registered

with the Kerala Water Authority, seeks to direct the

respondents to pay the First and Part Bill covered by Ext.P6

Voucher to the petitioner, as requested by the 4 th respondent in

Ext.P3, without any further delay and within a time frame fixed

by this Court.

2. The petitioner entered into an agreement with the

Kerala Water Authority for the work "STATE PLAN 2018-19-

Optimization of production and transmission - UWSS to

Marathakkara census town in Thrissur District - Lying gap

connection and replacing AC pipe and commissioning

Distribution network". The tender submitted by the petitioner for

an amount of `62,78,375/- was accepted and Ext.P1 work

order was issued to the petitioner on 17.09.2020.

3. The petitioner states that the work started on

17.09.2020 and he submitted the First and Part Bill of

`45,84,223/-. Ext.P3 fund request was made by the 4th

respondent to the 2nd respondent. The petitioner states that the

time granted for completion of the work as per the original

agreement was 16.03.2021 and the same was extended upto

31.10.2021. The First and Part Bill was drawn up and submitted

by the petitioner as early as on 20.03.2021. It has not been paid

so far. The petitioner's Ext.P8 representation dated 15.10.2021

was of no avail. Hence the petitioner is before this Court.

4. The learned Standing Counsel for the respondents

entered appearance. The Standing Counsel submitted that the

petitioner was entrusted with the work. The petitioner has also

submitted his First and Part Bill. However, the Kerala Water

Authority is not in a position to honour the bill of the petitioner

immediately. The Kerala Water Authority is facing acute

financial crisis now and they are not in a position to honour all

bills submitted by various contractors at one go. The KWA has

adopted a criteria and is making payments to the contractors

on the basis of such criteria. The petitioner will be paid the

amount due to him as and when his turn arises.

5. I have heard the learned counsel for the petitioner and

the learned Standing Counsel representing the respondents.

6. The fact that the petitioner has executed an agreement

with the KWA and has completed part of the work as per the

agreement, is not disputed. The petitioner has raised a Bill for

the completed work. The only reason advanced by the

respondents for delay in payment is the financial crisis of the

KWA. This Court is of the considered view that after extracting

the work from the petitioner, the KWA cannot delay payments

due to the petitioner for an indefinite period.

In the circumstances, the writ petition is disposed of

directing the respondents to pay the amount found due to the

petitioner within a period of four months.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 25663/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE WORK ORDER WITH ACCEPTED SCHEDULE DATED 17/9/2020 ISSUED BY 3RD RESPONDENT Exhibit P2 THE TRUE COPY OF THE MEMO OF THE WORK TENDERED ISSUED BY THE 3RD RESPONDENT Exhibit P3 THE PHOTO COPY OF THE FUND REQUEST LETTER DATED 20/3/2021 ISSUED BY 4TH RESPONDENT TO 2ND RESPONDENT Exhibit P4 THE PHOTO COPY OF PROFORMA FOR FUND REQUESTS CAPITAL WORKS Exhibit P5 THE PHOTO COPY OF RELEVANT PAGE OF THE MEASUREMENT BOOK Exhibit P6 THE PHOTO COPY OF THE KERALA WATER AUTHORITY VOUCHER Exhibit P7 THE TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 28/7/2021 Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED 15/10/2021 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

RESPONDENT'S EXHIBITS NIL